Category: California Courts of Appeal Opinions

Filed 10/8/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO JENARO CARRASCO, Plaintiff and Appellant, v. STATE PERSONNEL BOARD, Defendant and Respondent; DEPARTMENT OF CORRECTIONS AND REHABILITATION, Real Party in Interest and Respondent. E072892 (Super.Ct.No. CIVDS1514663) OPINION APPEAL from the Superior Court of San Bernardino […]

Filed 10/7/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. LOUIS RAMON MONTES, Defendant and Appellant. E075064 (Super.Ct.No. FV1012901) OPINION APPEAL from the Superior Court of San Bernardino County. Michael A. Smith, Judge. (Retired Judge of the San Bernardino […]

Filed 10/7/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO MARIA CARACHURE, Plaintiff and Appellant, v. CELIA ACOSTA SCOTT, Defendant and Respondent. E074226 (Super.Ct.No. RIC1309555) OPINION APPEAL from the Superior Court of Riverside County. Irma Poole Asbury and John W. Vineyard, Judges.[1] Affirmed. Avrek Law […]

Filed 10/7/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO FOREST LAWN MEMORIAL-PARK ASSOCIATION et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; DAISY RAMIREZ et al., Real Parties in Interest. E076549 (Super.Ct.No. PSC1801596) OPINION ORIGINAL PROCEEDINGS; Petition for writ of mandate granted. […]

Filed 10/5/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT NEDE MGMT., INC., et al., Plaintiffs and Appellants, v. ASPEN AMERICAN INSURANCE COMPANY et al., Defendants and Respondents. B307470 (Los Angeles County Super. Ct. No. 19STCV05442) ORDER MODIFYING OPINION   [No change […]

Filed 10/5/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO SANJOY BANERJEE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. E076291 (Super.Ct.No. RIF1802535) OPINION ORIGINAL PROCEEDINGS; petition for writ of prohibition. David A. Gunn, Judge. Petition granted in […]

Filed 10/5/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. DAJAH BROWN, Defendant and Appellant. H048462 (Santa Clara County Super. Ct. Nos. C1646856, 17AP002184) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the […]

Filed 10/4/21 (opinion following 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. ESTEBAN ZARATE BRAVO, Defendant and Appellant. E072782 (Super.Ct.No. RIF75184) OPINION   APPEAL from the Superior Court of Riverside County. Jacqueline C. Jackson, Judge. […]

Filed 10/4/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, Plaintiff and Respondent, v. THE NORTH RIVER INSURANCE CO. et al., Defendants and Appellants. B306383 (Los Angeles County Super. Ct. No. BA461603) APPEAL from a judgment of the Superior Court of Los Angeles County, […]

Filed 9/29/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. THANDIEW SHARIF WILSON, Defendant and Appellant. D078231 (Super. Ct. No. SCD145049) APPEAL from an order of the Superior Court of San Diego County, Melinda J. Lasater, Judge. Reversed and remanded with direction. Susan […]

Filed 9/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. BYRON SILIM SUMAGANG, Defendant and Appellant. H044023 (Monterey County Super. Ct. No. SS143024)   This case concerns the admissibility of statements the defendant made as the result of a two?part interrogation. […]

Filed 9/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, v. ELNORA MYLES, Defendant and Appellant. A161450 (Alameda County Super. Ct. No. 150006) Defendant Elnora Myles appeals from the denial of her petition for resentencing pursuant to Penal Code[1] section […]

Filed 9/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO ROBERT FINDLETON, Plaintiff and Respondent, v. COYOTE VALLEY BAND OF POMO INDIANS, Defendant and Appellant. A156459, A158171, A158172, A158173, A159823 (Mendocino County Super. Ct. No. SCUK-CVG-12-59929) These five appeals arise out of a long running […]

Filed 9/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE CRAIG MISSAKIAN, Plaintiff and Appellant, v. AMUSEMENT INDUSTRY, INC., et al., Defendants and Appellants. B296749 (Los Angeles County Super. Ct. No. BC616089) APPEAL from a judgment of the Superior Court of Los Angeles County, Rafael […]

Filed 9/3/21; Certified for Publication 9/29/21 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Amador) In re ALEX MARTI on Habeas Corpus. C093153 (Super. Ct. No. 19HC2112) Prison inmate Alex Marti filed this petition for writ of habeas corpus challenging respondent’s (the warden of Mule Creek State Prison) […]

Filed 9/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO In re J.D., a Person Coming Under the Juvenile Court Law. SAN FRANCISCO HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. R.T., Defendant and Appellant. A161973 (San Francisco County Super. Court No. JD18-3156)   R.T., the […]

Filed 9/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. DANIEL DAWSON, Defendant and Appellant. H047945 (Monterey County Super. Ct. No. 17CR003245) Defendant Daniel Dawson was convicted by the court after a bench trial of a felony count of violating Government […]

Filed 9/28/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO DOUGLAS HUMPHREY, Plaintiff and Appellant, v. PETER D. BEWLEY, as Administrator, etc., et al., Defendants and Respondents. E074339 (Super.Ct.No. INC1207805) OPINION APPEAL from the Superior Court of Riverside County. Mickie E. Reed, Temporary Judge. (Pursuant […]

Filed 9/28/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX SCOTT SCHREIBER et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent; KIWI NEMAN et al., Real Parties in Interest and Respondents. 2d Civil No. B303642 (Super. Ct. No. BS173256) (Los Angeles […]

Filed 9/28/21 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE Guardianship of S.H.R. ___________________________________ S.H.R., Petitioner and Appellant, v. JESUS RIVAS et al., Real Parties in Interest. B308440 (Los Angeles County Super. Ct. No. 19AVPB00310) ORDER MODIFYING OPINION AND DENYING APPELLANT’S PETITION […]

Filed 9/7/21; certified for partial publication 9/28/21 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) THE PEOPLE, Plaintiff and Respondent, v. GREGORY LEE WISE, Defendant and Appellant. C090234 (Super. Ct. No. 62141458) Defendant Gregory Lee Wise texted and called a woman, R.F., hundreds of times for three […]

Filed 9/28/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE IREAN AMARO, Plaintiff and Respondent, v. ANAHEIM ARENA MANAGEMENT, LLC, Defendant and Respondent; RHIANNON ALLER, Intervener and Appellant. G058371 (Super. Ct. No. 30-2017-00917542) O P I N I O N Appeal from a judgment of […]

Filed 9/27/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. DAVID LEE HARRING, JR., Defendant and Appellant. F079108 (Super. Ct. No. SC073336A) OPINION APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Sandra Gillies, under […]

Filed 9/27/21; see dissenting opinion CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO IAN C. DAE, Plaintiff and Appellant, v. ROBERT TRAVER, as Trustee, etc., Defendant and Respondent. B305834 (Los Angeles County Super. Ct. No. 18STPB06832) APPEAL from an order of the Superior Court of […]

Filed 9/27/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. BANKERS INSURANCE COMPANY, Defendant and Appellant. A159278 (Alameda County Super. Ct. No. 19-CR-003004) Bankers Insurance Company appeals from an order denying its motion to vacate forfeiture and exonerate a […]