Category: California Courts of Appeal Opinions

Filed 5/7/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE GEORGE BYERS et al., Petitioners, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; USAA GENERAL INDEMNITY COMPANY et al., Real Parties in Interest. A169321 (Contra Costa County Super. Ct. No. C20-01760) When a party […]

Filed 5/6/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT ANDREW REYNOSA, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; ADVANCED TRANSPORTATION SERVICES, INC., Real Party in Interest. F086342 (Super. Ct. No. VCU278374) OPINION ORIGINAL PROCEEDINGS; petition for writ of mandate. Bret D. Hillman, Judge. Makarem […]

Filed 4/18/24; Modified & Certified for Publication 5/6/24 (order attached) (Unmodified opinion following transfer from Supreme Court) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN In re KIERAN S., a Person Coming Under the Juvenile Court Law. B318672   (Los Angeles County Super. Ct. No. 19LJJP00321A) LOS ANGELES […]

Filed 5/3/24 CERTIFIED FOR PARTIAL PUBLICATION[1]? IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. OSCAR ANTONIO PALACIOS, Defendant and Appellant. B324572 Los Angeles County Super. Ct. No. VA057753-02 APPEAL from an order of the Superior Court of Los Angeles County, Lee W. Tsao, […]

Filed 5/2/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX BRANDI STILES et al., Plaintiffs and Appellants, v. KIA MOTORS AMERICA, INC., Defendant and Respondent. 2d. Civ. No. B325798 (Super. Ct. No. 56-2019-00527171-CU-BC-VTA) (Ventura County) This appeal arises out of the Song-Beverly Consumer Warranty Act […]

Filed 5/2/24 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. DIANA LOVEJOY, Defendant and Appellant. D080941 (Super. Ct. No. SCN363925) APPEAL from an order of the Superior Court of San Diego County, Sim von Kalinowski, Judge. Affirmed. Carl Fabian, under appointment by the Court […]

Filed 5/3/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) H.A., Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; SAN JOAQUIN COUNTY HUMAN SERVICES AGENCY et al., Real Parties in Interest. C099704 (Super. Ct. No. STK-JD-DP-2022-0000199) ORIGINAL PROCEEDING in mandate. Stay issued. Petition […]

Filed 5/3/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE In re RANDY C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. RANDY C., Defendant and Appellant. A167331 (Marin County Super. Ct. No. JV27345A) This is an appeal from a juvenile […]

5/2/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE MASIMO CORPORATION, Plaintiff and Respondent, v. THE VANDERPOOL LAW FIRM, INC., Defendant and Appellant. G061829 (Super. Ct. No. 30-2019-01081908) O P I N I O N Appeal from an order of the Superior Court of Orange […]

Filed 5/2/24 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. HERMAN PATTON, Defendant and Appellant. F085895 (Super. Ct. No. F17904528) OPINION APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge. Benjamin Adam Owens, under […]

Filed 5/2/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Appellant, v. PLAINS ALL AMERICAN PIPELINE, L.P., Defendant and Respondent. 2d Crim Nos. B315256, B316508) (Super. Ct. No. 1495091) (Santa Barbara County) VICTIM RESTITUTION CLAIMANTS, Petitioners, v. THE SUPERIOR COURT OF […]

Filed 1/5/24 (review denied 5/1/24; reposted with Supreme Court order and statement) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, v. DEMETRIUS COLEMAN, Defendant and Appellant. A165198 (Humboldt County Super. Ct. No. CR2000055B) When a criminal defendant voluntarily takes the […]

Filed 5/1/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, Plaintiff and Respondent, v. MIGUEL GARCIA, Defendant and Appellant. B326131 (Los Angeles County Super. Ct. No. BA471405) APPEAL from an order of the Superior Court of Los Angeles County, Lynne M. Hobbs, Judge. Affirmed […]

Filed 4/8/24; Modified and Certified for Pub. 4/30/24 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR SUTTER’S PLACE, INC., Plaintiff and Appellant, v. CALIFORNIA GAMBLING CONTROL COMMISSION, Defendant and Respondent. A168427 (San Francisco City & County Super. Ct. No. CPF-23-518029)   Sutter’s Place, Inc. (Sutter), which operates […]

Filed 4/30/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) SACRAMENTO MUNICIPAL UTILITY DISTRICT, Plaintiff and Respondent, v. DAVID KWAN, Defendant and Appellant. C097382 (Super. Ct. No. 34-2013-00143235-CU-MC-GDS) APPEAL from a judgment of the Superior Court of Sacramento County, Kenneth C. Mennemeier, Jr., Judge. Affirmed. Law Office […]

Filed 4/29/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT CITY OF SAN JOSÉ, Plaintiff and Respondent, v. HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Defendants and Appellants. H050889 (Santa Clara County Super. Ct. No. 21CV391517) In this appeal, we consider the application of the constitutional debt limitation […]

Filed 4/29/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, v. JOHN FAY, Defendant and Appellant. B328209 (Los Angeles County Super. Ct. No. YA101587) APPEAL from the judgment of the Superior Court of Los Angeles County, Nicole C. Bershon, Judge. Reversed. […]

Filed 4/23/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. ROBERT WAYNE CUNNINGHAM, Defendant and Appellant. 2d Crim. No. B323640 (Super. Ct. No. CR37135) (Ventura County) Robert Wayne Cunningham was convicted of provocative act murder as a result of […]

Filed 4/5/24; Certified for Publication 4/23/24 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) JUNE LaMARR, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent. C097235 (Super. Ct. No. 34-2015-00181352-CU-OE-GDS) After performance problems and friction with her supervisor, plaintiff June LaMarr temporarily […]

Filed 4/23/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ANGEL MONDRAGON, Plaintiff and Respondent, v. SUNRUN INC., Defendant and Appellant. B328425 (Los Angeles County Super. Ct. No. 22STCV25672) APPEAL from an order of the Superior Court of Los Angeles County, Michael P. Linfield, Judge. Affirmed. […]

Filed 4/23/24 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR HAYLEY MARIE NORMAN, Plaintiff and Respondent, v. TRACEE ELLIS ROSS et al., Defendants and Appellants. B316971 consolidated with B326626 (Los Angeles County Super. Ct. No. 20STCV35711) HAYLEY MARIE NORMAN, Plaintiff and Appellant, v. TRACEE […]

Filed 4/22/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. NOE LEZAMA, Defendant and Appellant. G062075 (Super. Ct. No. 17WF0527) O P I N I O N Appeal from a postjudgment order of the Superior Court of Orange County, […]

Filed 4/22/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. FLORIAN BASICA, Defendant; THE NORTH RIVER INSURANCE CO. et al., Real Parties in Interest and Appellants. A166580 (Alameda County Super. Ct. No. 20-CR-013581) North River Insurance Company (the surety) […]

Filed 4/15/24 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. MANUEL DEJESUS FLORES, Defendant and Appellant. D083310 (Super. Ct. No. INF1801453) APPEAL from a judgment of the Superior Court of Riverside, Matthew C. Perantoni, Judge. Affirmed in part; reversed in part, and remanded with […]

Filed 2/6/24 (unmodified opinion and initial 2/2/24 certification order attached) CERTIFIED FOR PARTIAL PUBLICATION[1] COURT OF APPEAL, FOURH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. ESTEBAN JIMENEZ, Defendant and Appellant. D081267 (Super. Ct. No. SCS319685) ORDER CERTIFYING OPINION FOR PARTIAL PUBLICATION THE COURT: The opinion in this case filed […]