Category: California Courts of Appeal Opinions

Filed 4/12/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX CLARITY CO. CONSULTING, LLC, Plaintiff and Respondent, v. LARRY GABRIEL, Defendant and Appellant. 2d Civil No. B311823 (Super. Ct. No. 56-2020-00547889-CU-BC-VTA) (Ventura County) This appeal illustrates an attorney’s misuse of the anti-SLAPP statute. (Code of […]

Filed 4/8/22 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE SHAHROKH MIRESKANDARI, Plaintiff and Appellant, v. EDWARDS WILDMAN PALMER LLP et al., Defendants and Respondents. B301785 Los Angeles County Super. Ct. No. BC517799 APPEAL from a judgment of the Superior Court of Los Angeles County, Terry […]

Filed 4/8/22; on rehearing CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. LAMONTE SHERMALE BANNER,   Defendant and Appellant. F079770 (Super. Ct. No. BF169096A) OPINION In Re LAMONTE SHERMALE BANNER, On Habeas Corpus. F081144 (Super. Ct. No. BF169096A) APPEAL from […]

Filed 4/8/22 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO LARRY LEE, Plaintiff and Appellant, v. AMAZON.COM, INC., Defendant and Respondent. A158275 (Alameda County Super. Ct. No. RG14738130) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT THE COURT: It is […]

Filed 4/8/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO NABEEL SLAIEH, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JOANNE SLAIEH, Real Party in Interest. E077534 (Super.Ct.No. SWD1701434) OPINION ORIGINAL PROCEEDINGS; petition for writ of mandate from an order of the Superior Court […]

Filed 4/7/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT ALISHA KINNEY, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; COUNTY OF KERN, Real Party in Interest. F082845 (Super. Ct. No. BCV-21-100450) OPINION ORIGINAL PROCEEDINGS; in mandate. Stephen D. Schuett, Judge. Bridgette C. Toraason and Brent […]

Filed 3/14/22; Modified and Certified for Pub. 4/7/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) THE PEOPLE, Plaintiff and Appellant, v. ACCREDITED SURETY & CASUALTY COMPANY, Defendant and Appellant. C089808 (Super. Ct. No. 19CI000126) Accredited Surety and Casualty Company, Inc. (Accredited) posted a $75,000 bail bond […]

Filed 4/7/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO EVERARDO RODRIGUEZ et al., Plaintiffs and Appellants, v. FCA US, LLC, Defendant and Respondent. E073766 (Super.Ct.No. RIC1807727) OPINION APPEAL from the Superior Court of Riverside County. L. Jackson Lucky IV, Judge. Affirmed. Rosner, Barry & […]

Filed 3/29/22; Certified for Publication 4/7/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE In re A.R. et al., Persons Coming Under the Juvenile Court Law. ORANGE COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. M.G., Defendant and Appellant. G060677 (Super. Ct. No. 21DP0090, 21DP0091) O […]

Filed 3/23/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE JORGE LUIS ESTRADA et al., Plaintiffs and Appellants, v. ROYALTY CARPET MILLS, INC., Defendant and Appellant. G058397, G058969 (Super. Ct. No. 30-2013-00692890) O P I N I O N Appeal from an order and judgment […]

Filed 3/23/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ANGELA FLORES et al., Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent. B309918 (Los Angeles County Super. Ct. No. 19STCP03681) APPEAL from a judgment of the Superior Court of Los Angeles County. James […]

Filed 2/23/22; modified and certified for publication 3/22/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX BUENA VISTA WATER STORAGE DISTRICT, Plaintiff and Respondent, v. KERN WATER BANK AUTHORITY, Defendant and Appellant. 2d Civil No. B309764 (Super. Ct. No. 56-2019-00528316-CU-WM-VTA) (Ventura County) Appellant Kern Water Bank […]

Filed 3/22/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT DIGNA REYES et al., Plaintiffs and Appellants, v. BENEFICIAL STATE BANK, Defendant and Respondent. F080827 (Kern Super. Ct. No. BCV-17-100082) OPINION APPEAL from an order of the Superior Court of Kern County. David R. Lampe, Judge. Rosner, […]

Filed 3/22/22 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA CURTIN MARITIME CORP., Plaintiff and Respondent, v. PACIFIC DREDGE AND CONSTRUCTION, LLC, et al., Defendants and Appellants. D078217 (Super. Ct. No. 37-2019- 00055796-CU-BT-CTL) APPEAL from an order of the Superior Court of San Diego County, Richard S. Whitney, Judge. […]

Filed 3/22/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE In re JACK WAYNE FRIEND on Habeas Corpus. A155955 (Alameda County Super. Ct. No. 81254A) Petitioner Jack Wayne Friend’s appeal of his judgment and first petition for writ of habeas corpus were unanimously rejected by […]

Filed 2/25/22; Certified for Publication 3/21/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE KENNETH J. SCHMIER, Plaintiff and Appellant, v. CITY OF BERKELEY, Defendant and Respondent. A161556 (Alameda County Super. Ct. No. RG19036596) This is an appeal from a judgment of dismissal following the sustaining […]

Filed 3/21/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) NANCY MICHAELS, Plaintiff and Respondent, v. STATE PERSONNEL BOARD, Defendant; PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, Real Party in Interest and Appellant. C090196 (Super. Ct. No. 34-2018-80002910) APPEAL from a judgment of the Superior Court of Sacramento County, […]

Filed 2/15/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Respondent, v. AUSTIN ROBERT BUTLER, Defendant and Appellant. B313121 (Los Angeles County Super. Ct. No. MA071773) APPEAL from an order of the Superior Court of Los Angeles County. Shannon Knight, Judge. […]

Filed 2/15/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Respondent, v. JAIME RODOLFO LOPEZ, Defendant and Appellant. B309605 (Los Angeles County Super. Ct. No. KA120941) APPEAL from a judgment of the Superior Court of Los Angeles County. Victor D. Martinez, […]

Filed 2/15/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. GUADALUPE MOLINA PACHECO, Defendant and Appellant. 2d Crim. No. B311538 (Super. Ct. No. 2020023820) (Ventura County) About 2,000 years ago, one of history’s first legal scholars, Cicero, gave us […]

Filed 2/15/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, v. BENITO CORTES, Defendant and Appellant. B312185 (Los Angeles County Super. Ct. No. NA064923) APPEAL from an order of the Superior Court of Los Angeles County, Richard M. Goul, Judge. […]

Filed 2/16/22; Opinion on transfer from Supreme Court CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. JODY ANN CLEMENTS, Defendant and Appellant. E073965 (Super.Ct.No. SICRF1989169810) OPINION APPEAL from the Superior Court of Inyo County. Brian Lamb, Judge. Affirmed. Reed […]

Filed 1/28/22; Certified for Publication 2/16/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) SAVE THE EL DORADO CANAL, Plaintiff and Appellant, v. EL DORADO IRRIGATION DISTRICT et al., Defendants and Respondents. C092086 (Super. Ct. No. PC20190260) Appellant Save the El Dorado Canal seeks reversal of […]

Filed 2/15/22; opinion on transfer from Supreme Court CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. MARTIN SANCHEZ, Defendant and Appellant. F076838 (Super. Ct. No. BF164349B) OPINION APPEAL from a judgment of the Superior Court of Kern County. Michael E. […]