Category: California Courts of Appeal Opinions

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 […]

55 Cal.App.5th 573 (2020)269 Cal.Rptr.3d 613 JANE CL DOE, Plaintiff and Appellant, v. CHARLES KWANGSOO YIM, Defendant and Respondent. No. B299856.Court of Appeals of California, Second District, Division Four. October 5, 2020.APPEAL from an order of the Superior Court of Los Angeles County, Super. Ct. No. BC723608, Mark C. Kim, Judge. Affirmed. COUNSEL Tiffanie K. […]

Filed 8/31/22 Certified for Publication 9/28/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Appellant, v. ROBERT ANTHONY LASTRA, JR., et al., Defendants and Respondents. 2d Crim. No. B309895 (Cons. w/ B311783) (Super. Ct. Nos. 20F-06361 A-C, 20M-05512 A-D) (San Luis Obispo County) […]

Filed 9/30/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Appellant, v. NOLAN TAKAO NONAKA, Defendant and Respondent. 2d Crim. No. B313848 (Super. Ct. No. 2018044045) (Ventura County) A person who commits a simultaneous crime and a tort answers in two […]

Filed 9/27/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE ROSA M. QUINCOZA ESPINOZA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CENTINELA SKILLED NURSING & WELLNESS CENTRE WEST, LLC, Real Party in Interest. B314914 (Los Angeles County Super. Ct. No. 20STCV34704) OPINION […]

Filed 9/26/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. MIGUEL LOPEZ, Defendant and Appellant. B315320 (Los Angeles County Super. Ct. No. LA030413) APPEAL from an order of the Superior Court of Los Angeles County. Martin Larry Herscovitz, Judge. Reversed […]

Filed 9/2/22 Certified for Publication 9/28/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) RICKY LEE MILLER, JR., Plaintiff and Appellant, v. ROSEVILLE LODGE NO. 1293 et al., Defendants and Respondents. C090751 (Super. Ct. No. 34-2017-00207092-CU-PO-GDS) This case involves application of the so-called Privette doctrine, which deals […]

Filed 10/4/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) THE PEOPLE, Plaintiff and Respondent, v. FREDRICK LAMAR JOHNSON, Defendant and Appellant. C094491 (Super. Ct. Nos. 02F05812, 03F05484) APPEAL from a judgment of the Superior Court of Sacramento County, Michael W. Sweet, Judge. Vacated and remanded. Barbara […]

Filed 9/13/22; Certified for Publication 10/5/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO COUNTY OF SAN BERNARDINO, Plaintiff and Respondent, v. APRIL ELIZABETH MANCINI, et al. Defendants and Appellants. E075246 (Super. Ct. No. CIVDS1825140) OPINION APPEAL from the Superior Court of San Bernardino County. David […]

Filed 9/29/22 See concurring opinion CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. NOY ESTUL BOUKES, Defendant and Appellant. E077058 (Super.Ct.No. BAF1600917) OPINION APPEAL from the Superior Court of Riverside County. John D. Molloy, Jeffrey Prevost, and Michael […]

Filed 9/1/22 Certified for Publication 9/28/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE DAVID STARR et al., Plaintiffs and Respondents, v. JEFFREY MAYHEW, Defendant and Appellant. G060277 (Super. Ct. No. 30-2020-01125629) O P I N I O N Appeal from a judgment of the Superior […]

Filed 9/29/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ALBERT BATES et al., Plaintiffs and Appellants, v. POWAY UNIFIED SCHOOL DISTRICT, Defendant and Respondent. G061222 (Super. Ct. No. 37-2020-00010721- CU-WM-CTL) O P I N I O N Appeal from a judgment of the Superior […]

Filed 9/29/22 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT CALIFORNIA WATER CURTAILMENT CASES. H047270 (Santa Clara County Super. Ct. No. 1-15-CV285182; JCCP No. 4838) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING AND REQUEST FOR JUDICIAL NOTICE [NO CHANGE IN JUDGMENT] THE COURT: […]

Filed 9/30/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT G. MITCHELL KIRK et al., Plaintiffs and Appellants, v. CITY OF MORGAN HILL et al., Defendants and Respondents. H048745 (Santa Clara County Super. Ct. No. 19CV346360) Plaintiffs G. Mitchell Kirk and the California Rifle & Pistol Association […]

Filed 9/21/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO JOHN/JANE DOE, Plaintiff and Appellant, v. RYAN McLAUGHLIN, Defendant and Respondent. A161534 (San Francisco City & County Super. Ct. No. CPF-18-516431)   Forty-four years ago our Supreme Court admonished that “The purpose of litigation is […]

Filed 8/29/22; Certified for Publication 9/20/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CHARLOTTE KERNAN, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent. A162750 (San Francisco City & County Super. Ct. No. CGC-18-564062) Plaintiff Charlotte Kernan sued defendant Regents […]

Filed 8/31/22; certified for publication 9/20/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) In re R.O., a Person Coming Under the Juvenile Court Law. C094816 SAN JOAQUIN COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. A.I., Defendant and Appellant. (Super. Ct. No. STK-JV-DP-2011-0000014) Without notice […]