Category: California Courts of Appeal Opinions

Filed 1/19/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re Marriage of DESTINY and JUSTIN C. DESTINY C., Appellant, v. JUSTIN C., Respondent. D079123 (Super. Ct. No. D553087) APPEAL from an order of the Superior Court of San Diego County, Sharon Kalemkiarian, Judge. Affirmed. Keiter Appellate Law […]

Filed 12/20/22; Modified and Certified for Partial Pub. 1/18/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT CALAVERAS TELEPHONE COMPANY et al., Petitioners, v. PUBLIC UTILITIES COMMISSION, Respondent; PUBLIC ADVOCATES OFFICE OF THE PUBLIC UTILITIES COMMISSION et al., Real Parties in Interest. F083339 (Dec. Nos. 21-04-005 & 21-08-042) […]

Filed 1/18/23 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. RUBEN SILVA, JR., Defendant and Appellant. F083248 (Super. Ct. No. CRM005996A) OPINION APPEAL from a judgment of the Superior Court of Merced County. Ronald W. Hansen, Judge. (Retired Judge of […]

Filed 1/18/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE ADANNA CAR WASH CORPORATION, Plaintiff and Appellant, v. JESUS GOMEZ, Defendant and Respondent. B313649 (Los Angeles County Super. Ct. No. 20LBCP00190) APPEAL from an order of the Superior Court of Los Angeles County, Mark C. […]

Filed 1/18/23; Opinion on rehearing CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) SAVE OUR CAPITOL!, Plaintiff and Appellant, v. DEPARTMENT OF GENERAL SERVICES, Defendant and Respondent; JOINT COMMITTEE ON RULES OF THE CALIFORNIA STATE SENATE AND ASSEMBLY, Real Party in Interest and Respondent. C096617 (Super. […]

Filed 1/17/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT ALEXANDER ZAVAL AGUILAR, Plaintiff and Appellant, v. MANDARICH LAW GROUP, LLP, et al., Defendants and Respondents. H049860 (Santa Clara County Super. Ct. No. 21CV378926) In this case we consider whether a party seeking to establish a prima […]

Filed 1/17/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE MUSTAFA EDAIS et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; ROBERT FOUCRAULT, as Coroner, etc., et al., Real Parties in Interest. A164947 MUSTAFA EDAIS et al., Plaintiffs and Appellants, v. ROBERT […]

Filed 1/17/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) NATOMAS UNIFIED SCHOOL DISTRICT, Plaintiff and Respondent, v. SACRAMENTO COUNTY BOARD OF EDUCATION, Defendant and Appellant, I.O., a Minor, etc., Real Party in Interest and Appellant. C093475 (Super. Ct. No. 34-2019-8000-3194-CU-WM-GDS) ORDER MODIFYING […]

Filed 1/17/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO SARAH K., Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; SONOMA COUNTY HUMAN SERVICES DEPARTMENT. et al., Real Parties in Interest. A165607 (Sonoma County Super. Ct. No. DEP5995-03) Sarah K. (Mother) petitions this court […]

Filed 1/13/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. ROBERT NASH, Defendant and Appellant. D079539 (Super. Ct. No. SCE371032) APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed. The request for judicial notice is […]

Filed 1/13/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN BETSEY BRUBAKER, Plaintiff and Appellant, v. ANDY STRUM, Defendant and Respondent; MARK KARNEY, Objector and Appellant. B317694 (Los Angeles County Super. Ct. No. 17STFL05662) APPEAL from an order of the Superior Court of Los Angeles County, […]

Filed 1/13/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE CONSTANCE ILOH, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent; THE CENTER FOR SCIENTIFIC INTEGRITY, INC., Real Party in Interest and Respondent. G060856 (Super. Ct. No. 30-2021-01197536) O P […]

Filed 1/12/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; JASON JOEL CORTEZ, Real Party in Interest. No. H049188 (Santa Cruz Super. Ct. No. 19CR06615) We must decide in this case whether a suspected inmate […]

Filed 1/12/23 (unmodified opn. attached) CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. BRANDON RIO SHERMAN, Defendant and Appellant. A162766 (San Mateo County Super. Ct. No. 18NF013014A) ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT It is ordered that the […]

Filed 1/11/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT LAW OFFICE OF CARLOS R. PEREZ, Plaintiff and Appellant, v. WHITTIER UNION HIGH SCHOOL DISTRICT, Defendant and Respondent. B315375 (Los Angeles County Super. Ct. No. 19STCP04238) APPEAL from an order of the Superior Court of […]

Filed 12/13/22; Modified and Certified for Partial Pub. 1/11/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE MICHAEL SMALLEY, Plaintiff and Appellant, v. SUBARU OF AMERICA, INC., Defendant and Respondent. G059904 (consol. w/ G060441) (Super. Ct. No. 30-2017-00901612) O P I N I O N Appeal […]

Filed 11/30/22 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE SAVE LAFAYETTE, Plaintiff and Appellant, v. CITY OF LAFAYETTE et al., Defendants and Respondents; O’BRIEN LAND COMPANY, LLC, et al., Real Parties in Interest and Respondents. A164394 (Contra Costa County Super. Ct. No. MSN-20-1413) […]

Filed 11/30/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. ANTHONY BRAGGS, Defendant and Appellant. H049710 (Santa Clara County Super. Ct. No. C1353512) I. INTRODUCTION In 2014, defendant Anthony Braggs pleaded no contest to second degree robbery (Pen. Code, §§ 211, […]

Filed 11/30/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT In re G.Z., a Person Coming Under the Juvenile Court Law. ______________________________ LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. KIMBERLY D., Defendant and Appellant. B313378 (Los Angeles County Super. […]

Filed 11/30/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT JASON FLICKINGER, Plaintiff and Respondent, v. GORDON J. FINWALL, Defendant and Appellant. B322736 Santa Clara County Super. Ct. No. 19CV355773 APPEAL from an order of the Superior Court of Santa Clara County. Christopher G. Rudy, Judge. […]

Filed 11/29/22 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, v. WILLIAM JOSEPH CANNON, Defendant and Appellant. A163083 (Mendocino County Super. Ct. No. SCUK-CRCR-2010-14869-2) Defendant William Joseph Cannon appeals from a postjudgment commitment order in a proceeding under the […]

Filed 11/29/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX BLIZZARD ENERGY, INC., Plaintiff and Appellant, v. BERND SCHAEFERS, Defendant and Respondent. 2d Civil No. B314740 (Super. Ct. No. 17CVP-0266) (San Luis Obispo County) We hold that, for purposes of the vexatious litigant statute, a […]

Filed 11/28/22 See dissenting opinion CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Appellant, v. THOMAS BENJAMIN BARTHOLOMEW, Defendant and Respondent. 2d Crim. No. B316314 (Super. Ct. No. 19F-02430) (San Luis Obispo County) FACTUAL AND PROCEDURAL BACKGROUND Thomas Benjamin Bartholomew was […]

18 Cal.App.5th 987 (2017)227 Cal.Rptr.3d 334 ALBERT KANNO, Plaintiff and Respondent, v. MARWIT CAPITAL PARTNERS II, L.P., et al., Defendants and Appellants. No. G052348.Court of Appeals of California, Fourth District, Division Three. December 22, 2017.Appeal from a judgment of the Superior Court of Orange County, Super. Ct. No. 30-2011-00441894, Hugh Michael Brenner, Judge. (Retired judge […]