Category: California Courts of Appeal Opinions

Filed 7/27/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. GUILLERMO VASQUEZ et al., Defendants and Appellants. F078228 (Kern Super. Ct. No. BF167343A) OPINION APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge. […]

Filed 7/27/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re B.D., et al., Persons Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. C.D. et al., Defendants and Appellants. D078014 (Super. Ct. No. EJ4324A, B) APPEALS from orders […]

Filed 7/27/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re the Marriage of L.R. and K.A. L.R., Appellant, v. K.A., Respondent. D077533 (Super. Ct. No. D557861) APPEAL from an order of the Superior Court of San Diego County, Marcella O. McLaughlin, Judge. Reversed. L. R., in pro. […]

Filed 7/27/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN BRYCE JACKSON, Plaintiff and Respondent, v. JOHN H. PARK, Defendant and Appellant. B297616 (Los Angeles County Super. Ct. No. BC611403) APPEAL from an order of the Superior Court of Los Angeles County, Frederick C. Shaller, […]

Filed 7/27/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX HUY FONG FOODS, INC., Plaintiff, Cross-defendant, and Appellant, v. UNDERWOOD RANCHES, LP, Defendant, Cross-complainant and Appellant; UNDERWOOD & SON, LLC, Cross-Complainant and Respondent; DAVID TRAN, Cross-defendant and Respondent. 2d Civ. No. B303096 (Super. Ct. No. […]

Filed 7/26/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CITY AND COUNTY OF SAN FRANCISCO, Plaintiff and Respondent, v. ALL PERSONS INTERESTED IN THE MATTER OF PROPOSITION G, Defendants and Appellants. A160659 (City & County of San Francisco Super. Ct. No. CGC-18-569987) Proposition 13 […]

Filed 7/22/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. HAN QUOC HOANG, Defendant and Appellant. H046550 (Santa Clara County Super. Ct. No. C1370251) Defendant Han Quoc Hoang challenges the trial court’s ruling declining to exercise its discretion, under Penal Code […]

Filed 7/22/21 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE ex rel. ALLSTATE INSURANCE COMPANY, Plaintiff and Respondent, v. SONNY RUBIN et al., Defendants and Appellants. G059446 (Super. Ct. No. 30-2019-01101013) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO […]

Filed 7/22/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re PEDRO LUIS RODRIGUEZ on Habeas Corpus. D078421 (San Diego Super. Ct. Nos. SCN333447, SCN340334, HCN1657) ORIGINAL PROCEEDING in habeas corpus. Blaine K. Bowman, Judge. Petition denied. Pedro Luis Rodriguez, in pro. per., and Christine M. Aros, under […]

Filed 7/22/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. SERGIO ROJAS ARIAS, Defendant and Appellant. D077778 (Super. Ct. No. RIF111846) APPEAL from an order of the Superior Court of Riverside, Samuel Diaz, Jr., Judge. Reversed and remanded. Martin Kassman, under appointment by […]

Filed 7/22/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, v. TOM SHELTON DOANE, Defendant and Appellant. A153709 (San Mateo County Super. Ct. No. 16-SF-003726) Defendant Tom Doane lost control of his truck and collided head-on with a vehicle […]

Filed 7/23/21; see concurring opinion CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ANGELINA JOLIE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; WILLIAM BRADLEY PITT, Real Party in Interest. No. B308958 (Super. Ct. No. BD646058)     ORIGINAL PROCEEDINGS in mandate. Erick […]

Filed 7/22/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT DARRYL W. GENIS, Plaintiff and Appellant, v. MARTIN A. SCHAINBAUM et al., Defendants and Respondents. B304968 (Los Angeles County Super. Ct. No. 19STCV02892) APPEAL from a judgment of the Superior Court of Los Angeles County, […]

Filed 7/21/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT In re STEPHEN GUICE on Habeas Corpus. H047989 (Monterey County Super. Ct. Nos. SS100975A, SS110737B, SS130742A, 19HC000143) I. INTRODUCTION This case asks us to decide whether the regulations adopted by the California Department of Corrections and Rehabilitation […]

Filed 7/21/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA GINA JOHNSON, Plaintiff and Appellant, v. MAXIM HEALTHCARE SERVICES, INC., Defendant and Respondent. D077599 (Super. Ct. No. 37-2019- 00047448-CU-OE-CTL) APPEAL from a judgment of the Superior Court of San Diego County, Gregory W. Pollack, Judge. Reversed. Mashiri Law Firm, […]

Filed 7/21/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ELIZA GILKYSON et al., Plaintiffs and Appellants, v. DISNEY ENTERPRISES, INC., et al., Defendants and Appellants. B300971 (Los Angeles County Super. Ct. No. EC061586) APPEALS from a judgment of the Superior Court of Los Angeles County, William […]

Filed 7/20/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. STEPHEN RAY SCHULZ, Defendant and Appellant. F080978 (Super. Ct. No. CRF60570) OPINION APPEAL from a judgment of the Superior Court of Tuolumne County. Donald I. Segerstrom, Jr., Judge. Christopher Love, under […]

Filed 7/20/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE MELANIE WINNS ET AL., Plaintiffs and Respondents, v. POSTMATES INC., Defendant and Appellant. A155717 (San Francisco County Super. Ct. No. CGC-17-562282) Postmates Inc. (Postmates) appeals from the trial court’s order denying its petition to compel […]

Filed 7/20/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. SHERILL LYNN SMOTHERS, Defendant and Appellant. A156081 (Contra Costa County Super. Ct. No. 51613181) In 1983, Marsha Carter was found dead from multiple sharp-force injuries. Her fully clothed body […]

Filed 7/20/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff, v. WESLEY WILSON, Defendant and Respondent; DEPARTMENT OF CORRECTIONS AND REHABILITATION, Real Party in Interest and Appellant. A160394 (Alameda County Super. Ct. No. 19-CR-018576) Defendant and respondent Wesley Wilson (Defendant) invited the […]

Filed 7/20/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT GEORGE HARRIS, Plaintiff and Appellant, v. ABEL ROJAS, Defendant and Respondent. B305848 (Los Angeles County Super. Ct. No. EC067088) APPEAL from an order of the Superior Court of Los Angeles County, William D. Stewart, Judge. Affirmed. […]

Filed 7/19/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. SERGIO TIMOTHY PINEDA, Defendant and Appellant. H047709 (Santa Clara County Super. Ct. No. CC319535) Defendant Sergio Timothy Pineda appeals from the denial of his Penal Code section 1170.95[1] petition for failure to […]

Filed 7/19/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE CAHILL CONSTRUCTION COMPANY, INC., et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; EDWARD RICHARDS et al., Real Parties in Interest. A162885 (Alameda County Super. Ct. No. RG21088294) Code of Civil Procedure section […]

Filed 7/19/21 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) THE PEOPLE, Plaintiff and Respondent, v. JESUS ALBERTO RODRIGUEZ, Defendant and Appellant. C087974 (Super. Ct. No. STKCRFECOD20150006748) APPEAL from a judgment of the Superior Court of San Joaquin County, William D. Johnson, Judge. Affirmed […]