Category: California Courts of Appeal Opinions

Filed 8/12/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA JAIME ZEPEDA LABOR CONTRACTING, INC., et al., Plaintiffs and Appellants, v. DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT, Defendant and Appellant. D078062 (Super. Ct. No. PSC1705944) APPEAL from a judgment of the Superior Court of Riverside County, […]

Filed 8/12/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ROSALINDA ZUNIGA, Plaintiff and Appellant, v. ALEXANDRIA CARE CENTER, LLC, et al., Defendants and Respondents. B297023 (Los Angeles County Super. Ct. No. BC529776) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. […]

Filed 8/12/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, Plaintiff and Respondent, v. JOSEPH MANCILLA, Defendant and Appellant. B308413 (Los Angeles County Super. Ct. No. BA417858-02)   APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Michael D. […]

Filed 8/11/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT MALAK MELVIN ABDUL QAADIR, Plaintiff and Respondent, v. UBALDO GURROLA FIGUEROA et al., Defendants and Appellants. B306011 (Los Angeles County Super. Ct. No. BC656206) APPEAL from a judgment of the Superior Court of Los Angeles […]

Filed 7/30/21 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. LUIS JAVIER MORALES, JR., Defendant and Appellant. A157644 (Contra Costa County Super. Ct. No. 51709906) Defendant Luis Javier Morales, Jr. fired six shots in the direction of a […]

Filed 7/30/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) MICHAEL BERG et al., Plaintiffs, v. PULTE HOME CORPORATION, Defendant; ST. PAUL MERCURY INSURANCE COMPANY, Intervener and Appellant; COLORIFIC PAINTING, INC., et al., Interveners and Respondents. C086890 (Super. Ct. Nos. STKCVUCD20130000686, 39201300292458CUCDSTK)   APPEAL […]

Filed 7/30/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA ANDY KIM, Plaintiff and Appellant, v. R CONSULTING & SALES, INC., et al., Defendants and Respondents. D076923 (Super. Ct. No. 37-2019- 00023850-CU-MC-CTL) APPEAL from judgments of the Superior Court of San Diego County, Richard E. L. Strauss, Judge. Affirmed. […]

Filed 7/27/21 (mod.); Certified for Publication 7/30/21 (order attached following unmodified opinion) NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered […]

Filed 7/30/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO LAW FINANCE GROUP, LLC, Plaintiff and Appellant, v. SARAH PLOTT KEY, Defendant and Respondent. B305790 (Los Angeles County Super. Ct. No. 19STCP04251) APPEAL from an order of the Superior Court of Los Angeles County. Rafael […]

Filed 7/30/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE DAVID CUAUHTEMOC AYALA, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. A161936 (San Mateo County Super. Ct. No. 20-NF-010833) Before this court is a petition for peremptory […]

Filed 7/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. KEVIN JEROME CLARK, Defendant and Appellant. A158238 (San Mateo County Super. Ct. No. 17NF001837A) Defendant Kevin Jerome Clark appeals certain fees and fines imposed by a court order executing his […]

Filed 7/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO In re L.O., a Person Coming Under the Juvenile Court Law. SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. L.O., Defendant and Appellant. E075921 (Super.Ct.No. J285639) OPINION APPEAL from the Superior Court […]

Filed 7/29/21 (unmodified opn. attached) CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) THE PEOPLE, Plaintiff and Respondent, v. ROBERT WILLIAM POTTER, Defendant and Appellant. C088889 (Super. Ct. No. 17FE023605) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] THE COURT: It is ordered […]

Filed 7/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO LISA BRAGANZA, Plaintiff and Appellant, v. ALBERTSON’S LLC, Defendant and Respondent. E073073 (Super.Ct.No. CIVDS1724021) OPINION APPEAL from the Superior Court of San Bernardino County. Keith D. Davis, Judge. Affirmed. Carpenter, Zuckerman & Rowley and Greg […]

Filed 7/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE BRIAN EXLINE, Plaintiff and Appellant, v. LISA GILLMOR, Defendant and Respondent. G060034 (Super. Ct. No. 18CV336922) O P I N I O N Appeal from an order of the Superior Court of Santa Clara County, […]

Filed 7/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. JOHNNY ALEXANDER LAPENIAS, Defendant and Appellant. G060133 (Super. Ct. No. H046359) O P I N I O N Appeal from a judgment of the Superior Court of Santa Clara […]

Filed 7/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. MAURICE WALKER, Defendant and Appellant. B301617 (Los Angeles County Super. Ct. No. BA398731) APPEAL from a judgment of the Superior Court of Los Angeles County, William N. Sterling, Judge. […]

Filed 7/29/21 CERTIFIED FOR PARTIAL PUBLICATION[1]? IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. JORGE PALACIOS, Defendant and Appellant. B299687 (Los Angeles County Super. Ct. No. BA396138) APPEAL from a judgment of the Superior Court of Los Angeles County. Larry P. Fidler, Judge. […]

Filed 7/29/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. JOSE NOLASCO, Defendant and Appellant. B308627 (Los Angeles County Super. Ct. No. ZM050339- 01) APPEAL from an order of the Superior Court of Los Angeles County, James N. Bianco, […]

Filed 7/28/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE GLENN MAHLER et al., Plaintiffs and Appellants, v. JUDICIAL COUNCIL OF CALIFORNIA et al., Defendants and Respondents. A158696 (San Francisco City & County Super. Ct. No. CGC19575842) INTRODUCTION Plaintiffs, retired superior court judges who have […]

Filed 6/29/21; Certified for Publication 7/27/21 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR JONATHAN FISHER, Plaintiff and Respondent, v. MONEYGRAM INTERNATIONAL, INC., Defendant and Appellant. A158168 (Alameda County Super. Ct. No. RG19009280) In this case we assess the validity of an arbitration provision in a consumer […]

Filed 7/28/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT MATT PEAR et al., Plaintiffs and Respondents, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant. H045045 (Santa Clara County Super. Ct. No. CV227801) Defendant City and County of San Francisco obtained fee title to an […]

Filed 7/28/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) THE PEOPLE, Plaintiff and Respondent, v. KA YANG, Defendant and Appellant. C080978 (Super. Ct. No. 11F04310) APPEAL from a judgment of the Superior Court of Sacramento County, Steve W. White, Judge. Reversed. Scott Concklin, under appointment […]

Filed 7/27/21 (unmodified opn. attached) CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA VOICE OF SAN DIEGO et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; D078415 (San Diego County Super. Ct. No. 37-2020-00026651-CU-WM-CTL) ORDER MODIFYING OPINION NO CHANGE IN JUDGMENT COUNTY OF SAN DIEGO, Real […]

Filed 7/27/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR LEANNE HOLLINGSWORTH et al., Plaintiffs and Appellants, v. HEAVY TRANSPORT, INC. et al., Defendants and Respondents. B306127 (Los Angeles County Super. Ct. No. BC690999) APPEAL from a judgment of the Superior Court of Los Angeles County, […]