Category: California Courts of Appeal Opinions

Filed 9/19/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO DAVID SALAZAR, Plaintiff and Appellant, v. TARGET CORPORATION, Defendant and Respondent. E076001 (Super. Ct. No. CIVDS1919405) OPINION APPEAL from the Superior Court of San Bernardino County. David S. Cohn, Judge. Reversed. Clarkson Law Firm, Ryan […]

Filed 9/20/22 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. FRANK ELI HEARD, Defendant and Appellant. D079237 (Super. Ct. No. SCD193832) APPEAL from an order of the Superior Court of San Diego County, John M. Thompson, Judge. Reversed and remanded with instructions. Eric […]

Filed 9/19/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO DAVID SALAZAR, Plaintiff and Appellant, v. WALMART, INC., Defendant and Respondent. E076006 (Super. Ct. No. CIVDS1920757) OPINION APPEAL from the Superior Court of San Bernardino County. David S. Cohn, Judge. Reversed. Robins Kaplan, Glenn A. […]

Filed 8/26/22; modified and certified for partial publication 9/20/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO ELENI GAVRIILOGLOU, Plaintiff and Appellant, v. PRIME HEALTHCARE MANAGEMENT, INC. et al., Defendants and Respondents. E076832 (Super.Ct.No. CIVDS1709515) OPINION APPEAL from the Superior Court of San Bernardino County. Donald R. […]

Filed 9/22/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO TARRAR ENTERPRISES, INC., Plaintiff and Appellant, v. ASSOCIATED INDEMNITY CORP., Defendant and Respondent. A162795 (Contra Costa County Super. Ct. No. MSC20- 01776) At all relevant times, plaintiff Tarrar Enterprises, Inc. (Tarrar) operated what it describes […]

Filed 9/21/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE In re BABY GIRL M., A Person Coming Under the Juvenile Court Law. ___________________________________ LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. K.M., JR., Defendant and Appellant. B311176 (Los Angeles […]

Filed 9/21/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT LOS ANGELES COLLEGE FACULTY GUILD LOCAL 1521, Plaintiff and Appellant, v. LOS ANGELES COMMUNITY COLLEGE DISTRICT, Defendant and Respondent. B313085 (Los Angeles County Super. Ct. No. 20STCP03557) APPEAL from a judgment of the Superior Court […]

Filed 9/19/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ELEANOR MALLOY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; COMPREHENSIVE PRINT GROUP LLC et al., Real Parties in Interest. B318588 (Los Angeles County Super. Ct. No. 21STCV29895) ORIGINAL PROCEEDINGS in mandate. Michael […]

Filed 9/21/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) Estate of BILLY JOE DOUGLAS, Deceased. C093301 AUDREY DOUGLAS, as Administrator, etc., Petitioner, v. JOANNA DOUGLAS-DORSEY, Objector and Appellant; NEUMILLER & BEARDSLEE, A.P.C., Claimant and Respondent. (Super. Ct. No. STKPREST20070000442) APPEAL from a judgment (order) […]

Filed 9/14/22 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE NEBIYAT AREGA et al., Plaintiffs and Appellants, v. BAY AREA RAPID TRANSIT DISTRICT, Defendant and Respondent. A163266 (Alameda County Case No. RG19023067) Plaintiffs and appellants Nebiyat Arega, Terry Carney, Darian Caston, and Erik Freeman […]

Filed 8/23/22; Certified for Publication 9/14/22 (order attached) On remand IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ARAM BONNI, Plaintiff and Appellant, v. ST. JOSEPH HEALTH SYSTEM et al., Defendants and Respondents. G052367 (Super. Ct. No. 30-2014-00758655) O P I N I O N Appeal from an […]

Filed 8/29/22 Certified for Publication 9/13/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) TOMMY RAY McCULLAR et al., Plaintiffs and Appellants, v. SMC CONTRACTING, INC., Defendant and Respondent. C093295 (Super. Ct. No. SC20160049) Under California law, a strong presumption exists that a hirer of an […]

Filed: 9/13/22 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. ALEJANDRO GARCIA, Defendant and Appellant. ___________________________________ THE PEOPLE, Plaintiff and Respondent, v. JAMES EARL SCOTT, Defendant and Appellant.   A161579 (Alameda County Super. Ct. No. 617384D) A161644 (Alameda […]

Filed 9/13/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR REENA JOHAR, Plaintiff and Appellant, v. CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD et al., Defendants and Respondents. A162563 (Alameda County Super. Ct. No. HG20073074) This appeal requires us to address the circumstances when an employee who leaves work […]

Filed 9/12/22 (see concurring opinion) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. MIGUEL GALINDO SIFUENTES, Defendant and Appellant. A162225 (Alameda County Super. Ct. No. H27160B) In 2003, a jury convicted petitioner Miguel Galindo Sifuentes of first degree murder […]

Filed 8/11/22; Certified for Publication 9/12/22 (order attached) See concurring opinion IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. GREGORY JERMAINE THOMPSON, Defendant and Appellant. H044699 (Santa Clara County Super. Ct. No. C1514611) I. INTRODUCTION In the early morning hours of June 27, 2015, […]

Filed 9/12/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT In re M.A., a Person Coming Under the Juvenile Court Law. H049482 (Santa Clara County Super. Ct. No. 21JV45155A) THE PEOPLE, Plaintiff and Respondent, v. M.A., Defendant and Appellant. Under Penal Code section 29820,[1] a minor adjudged […]

Filed 9/12/22 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) We decide an appeal arising from the state’s efforts in 2015 to curtail water use in the Sacramento-San Joaquin River Delta[1] during […]

Filed 9/12/22 CERTIFIED FOR PARTIAL PUBLICATION[1] IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Guardianship of A.H. et al., Minors. ELOUISE HARBER, Petitioner and Appellant, v. DELORES WILLIAMS, Petitioner and Respondent. E077036 (Super.Ct.No. GARPS1900182) OPINION APPEAL from the Superior Court of San Bernardino County. Stanford E. Reichert, Judge. […]

Filed 8/25/22; Certified for Publication 9/12/22 (order attached) Opinion following transfer from Supreme Court IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT RAQUEL BETANCOURT, Plaintiff and Respondent, v. OS RESTAURANT SERVICES, LLC et al., Defendants and Appellants. B293625 (Los Angeles County Super. Ct. No. BC629916) APPEAL from a […]

Filed 9/13/22 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO RONALD MUSGROVE et al., Plaintiffs and Appellants, v. JOEL SILVER, Defendant and Respondent. B311504 (Los Angeles County Super. Ct. No. BC673010) ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN THE JUDGMENT […]

Filed 9/8/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE MARC GOLICK et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al., Defendants and Respondents. A162137 (Napa County Super. Ct. No. 19CV000350) DONALD LOEBER et al, Plaintiffs and Appellants, v. STATE OF CALIFORNIA et […]

Filed 9/8/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO CELL-CRETE CORPORATION, Plaintiff and Respondent, v. FEDERAL INSURANCE COMPANY, Defendant and Appellant. E075264 (Super.Ct.No. PSC1606343) OPINION APPEAL from the Superior Court of Riverside County. Craig Riemer, Judge. Reversed with directions. Finch, Thornton & Baird, P. […]

Filed 9/8/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. JEFFREY LEE ROWLAND, Defendant and Appellant. H048799 (Santa Clara County Super. Ct. No. B1901606) We consider in this appeal the presumptive reliability of information from a third-party electronic communication service provider […]

Filed 9/7/22 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, et al., Plaintiffs and Respondents, v. CALVARY CHAPEL SAN JOSE et al., Defendants and Appellants. H048708 (Santa Clara County Super. Ct. No. 20CV372285) CALVARY CHAPEL SAN JOSE, et al., Petitioners, v. THE […]