Category: California Courts of Appeal Opinions

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 […]

Filed 1/11/24; Certified for Publication 2/5/24 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE AMANDA NEEBLE-DIAMOND, Plaintiff and Appellant, v. HOTEL CALIFORNIA BY THE SEA, LLC, Defendant and Respondent. G061425 (Super. Ct. No. 30-2019-01058756) O P I N I O N Appeal from a postjudgment order […]

Filed 2/5/24 (see dissenting opinion) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE M.A., Plaintiff and Appellant, v. B.F., Defendant and Respondent. G061598 (Super. Ct. No. 30-2020-01145489) O P I N I O N Appeal from a judgment of the Superior Court of Orange County, […]

Filed 1/9/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT VISALIA UNIFIED SCHOOL DISTRICT, Petitioner, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Respondent; CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, Real Party in Interest. F084032 (PERB Dec. No. 2806-E, Case No. SA-CE-2979-E) OPINION ORIGINAL PROCEEDINGS; petition for writ of review. Lozano Smith, […]

Filed 12/13/23; certified for publication 1/9/24 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT In re L.B. et al., Persons Coming Under the Juvenile Court Law. KERN COUNTY DEPARTMENT OF HUMAN SERVICES, Plaintiff and Respondent, v. A.B. et al., Defendants and Respondents; L.B. et al., Appellants. F086109 (Super. […]

Filed 1/9/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR GILEAD TENOFOVIR CASES. GILEAD LIFE SCIENCES, INC., Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; PLAINTIFFS IN JCCP NO. 5043, Real Parties in Interest. A165558 (San Francisco City & […]

Filed 1/9/24 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA JEANETTE SARMIENTO, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; D082443   (San Diego County Super. Ct. No. SCD297592) THE PEOPLE, Real Party in Interest. PETITION for writ of mandate from an order of the Superior Court […]

Filed 1/9/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE GWENDOLYN ADAMS et al., Plaintiffs and Appellants, v. DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Respondent. G062782 (Super. Ct. No. CIVDS1831184) O P I N I O N Appeal from a judgment of the Superior […]

Filed 12/20/23; Certified for Publication 1/8/24 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT MARIA RUIZ PEREZ et al., Plaintiffs and Appellants, v. OAKDALE IRRIGATION DISTRICT, Defendants and Respondents. F084621 (Stanislaus Super. Ct. No. CV-19-004901) OPINION APPEAL from a judgment of the Superior Court of Stanislaus County. John D. […]

Filed 1/8/24 (opinion on transfer from Supreme Court) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. MENIQUE LASHON, Defendant and Appellant. A163074 (Contra Costa County Super. Ct. No. 51814102) On September 1, 2023, we issued our original opinion affirming […]

Filed 1/8/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, v. GARY MARCUS HALL, Defendant and Appellant. A165406 (Del Norte County Super. Ct. No. CRF219022) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] BY THE COURT:[1]* It is […]

Filed 1/8/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO VINCENT GARCIA et al., Plaintiffs and Appellants, v. TEMPUR-PEDIC NORTH AMERICA, LLC, Defendant and Respondent. E079859 (Super.Ct.No. RIC1902570) OPINION APPEAL from the Superior Court of Riverside County. Godofredo Magno, Judge. Affirmed. Zeiler Law Group and […]

Filed 1/8/24 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR GREEN TREE HEADLANDS LLC et al., Plaintiffs and Respondents, v. TARA CRAWFORD et al., Defendants and Appellants. A164867 (Marin County Super. Ct. No. CIV2100342) ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT BY THE COURT[1]*: Appellant Crawford […]

Filed 12/11/23; Certified for Publication 1/8/24 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE NICOLE DEMARINIS et al., Plaintiffs and Respondents, v. HERITAGE BANK OF COMMERCE, Defendant and Appellant. A167091 (Alameda County Super. Ct. No. RG20080970) This is a putative class action and representative action brought […]

JO REDLAND TRUST, U.A.D. 4-6-05, Plaintiff and Appellant, v. CIT BANK, N.A., et al., Defendants and Respondents. No. A163903.Court of Appeals of California, First District, Division Four. Filed May 31, 2023.Appeal from the Superior Court of California, County of Del Norte, Super. Ct. No. CVUJ-2017-1050. Darren McElresh, Judge. Moskovitz Appellate Team, Myron Moskovitz for Plaintiff […]

Filed 8/30/23 (unmodified opn. attached) CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT INFINITY SELECT INSURANCE CO. et al., Petitioners, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; CAL LEDUC et al., Real Parties in Interest. F085014 (Super. Ct. No. 19CECG01278 ) Order Modifying Opinion And […]

Filed 8/29/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE PATRICK KRUG, Plaintiff and Appellant, v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, Defendant and Respondent. B320588 (Los Angeles County Super. Ct. No. 21STCV14538) APPEAL from a judgment of the Superior Court of Los […]

Filed 8/28/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT A.S., a Minor, etc. Plaintiff and Appellant, v. PALMDALE SCHOOL DISTRICT, Defendant and Respondent. B318012 Los Angeles County Super. Ct. No. 20AVCV00136 APPEAL from a judgment of the Superior Court of Los Angeles County, Wendy […]

Filed 8/30/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT GINA M. GRAY et al., Plaintiffs and Appellants, v. LA SALLE BANK, N.A., et al., Defendants and Respondents. H049324, H049433 (Santa Clara County Super. Ct. No. 1-14-CV263333) I. INTRODUCTION Under the doctrine of res judicata (also known […]

Filed 8/30/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. CECILIO CASTANEDA-PRADO, Defendant and Appellant. A164897 (Sonoma County Super. Ct. No. SCR7368411)   A jury convicted defendant Cecilio Castaneda-Prado of five counts of committing a lewd act on a child […]

Filed 8/30/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. EWARD ANTHONY CEJA, Defendant and Appellant. G061609 (Super. Ct. No. 21NF2816) O P I N I O N Appeal from a judgment of the Superior Court of Orange County, […]

Filed 8/30/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE PHIL HAGEY, Plaintiff and Appellant, v. SOLAR SERVICE EXPERTS, LLC, Defendant and Respondent. G061836 (Super. Ct. No. 30-2021-01202580) O P I N I O N Appeal from a judgment of the Superior Court of Orange […]

Filed 8/29/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. GREGORY VANCE, JR., Defendant and Appellant. E079750 (Super.Ct.No. FSB032415) ORDER DENYING PETITION FOR REHEARING AND MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT The petition for rehearing, […]