Category: California Courts of Appeal Opinions

Filed 8/29/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE BRIAN CARR, Plaintiff and Appellant, v. CITY OF NEWPORT BEACH, Defendant and Respondent. G061277 (Super. Ct. No. 30-2020-01133023) O P I N I O N Appeal from a judgment of the Superior Court of Orange […]

Filed 8/29/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR RYAN ACCURSO, Plaintiff and Respondent, v. IN-N-OUT BURGERS, Defendant and Respondent; CALIFORNIA LABOR AND WORKFORCE DEVELOPMENT AGENCY ex rel. TOM PIPLACK et al., Movants and Appellants. A165320 (Sonoma County Super. Ct. No. SCV-268956) INTRODUCTION Appellants […]

Filed 8/29/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR ROBERT LACOUR Plaintiff, Cross-defendant and Appellant, v. MARSHALLS OF CALIFORNIA, LLC, et al., Defendants, Cross-complainants and Appellants. A163920 (Alameda County Super. Ct. No. RG21084368)   Plaintiff Robert LaCour appeals from a judgment in favor of Marshalls […]

Filed 8/28/23 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE JAMES V. LACY et al., Plaintiffs and Respondents, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Appellants. A165899 (City & County of San Francisco Super. Ct. No. CPF-22-517714) ORDER […]

Filed 8/28/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA HOUSING AUTHORITY OF THE CITY OF CALEXICO et al., Plaintiffs and Appellants, v. MULTI-HOUSING TAX CREDIT PARTNERS XXIX, L.P. et al., Defendants and Appellants. D079967 (Super. Ct. No. ECU000487) APPEAL from a judgment of the Superior Court of Imperial […]

Filed 7/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE RAUL CAMACHO et al., Plaintiffs and Appellants, v. JLG INDUSTRIES INC., Defendant and Respondent. G060892 (Super. Ct. No. 30-2017-00902499) O P I N I O N Appeal from a judgment and order of the Superior […]

Filed 7/18/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY PATRIC ANTONELLI, Defendant and Appellant. 2d Crim. No. B321947 (Super. Ct. No. CR27515-2) (Ventura County) Timothy Patric Antonelli acknowledges that in 1991 he “was convicted of provocative act […]

Filed 7/18/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. MAEREICHELLE VILLAMOR MARQUEZ, Defendant and Appellant. D080411 (Super. Ct. No. SCD289473) APPEAL from an order of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed. Justin Behravesh, under appointment by […]

Filed 7/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE LAFAYETTE BOLLINGER DEVELOPMENT LLC et al., Plaintiffs and Appellants, v. TOWN OF MORAGA et al., Defendants and Appellants. A163636, A164395 (Contra Costa County Super. Ct. No. MSN19-0241) For several reasons, including safety and environmental concerns, […]

Filed 7/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN ESPLANADE PRODUCTIONS, INC., Plaintiff and Appellant, v. THE WALT DISNEY COMPANY et al., Defendants and Respondents. B315859 (Los Angeles County Super. Ct. No. BC693809) APPEAL from a judgment of the Superior Court of Los Angeles County, […]

Filed 7/19/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA YISROEL GOLDSTEIN et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; D081587 (San Diego County Super. Ct. No. 37-2020-00016638- CU-PO-CTL) SAN DIEGO GUNS, LLC, Real Party in Interest. ORIGINAL PROCEEDINGS in mandate. Kenneth J. Medel, Judge. […]

Filed 7/19/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. KEANDRE KELVON SESSION, Defendant and Appellant. G060536 (Super. Ct. No. 20NF1026) O P I N I O N Appeal from a judgment of the Superior Court of Orange County, […]

Filed 7/18/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CHARLES SWAN, Plaintiff and Appellant, v. KRYSTLE HATCHETT, Defendant and Respondent. A163825, A164764 (Alameda County Super. Ct. No. HF 16825795) THE COURT: It is ordered that the opinion filed herein on June […]

Filed 7/18/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE DIVINE FOOD AND CATERING, LLC, Plaintiff and Appellant, v. WESTERN DIOCESE OF THE ARMENIAN CHURCH OF NORTH AMERICA et al., Defendants and Respondents. B321087, B321605 (Los Angeles County Super. Ct. No. 21STCV38713) […]

Filed 7/13/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. REY ENRIQUE RAMOS FALCON, Defendant and Appellant. F083577 (Kern Super. Ct. No. BF174596A) MODIFICATION OF OPINION (NO CHANGE IN JUDGMENT) THE COURT: It is ordered that the published […]

Filed 7/13/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE KATHLEEN GRACE et al., Plaintiffs and Appellants, v. THE WALT DISNEY COMPANY et al., Defendants and Respondents. G061004 (Super. Ct. No. 30-2019-01116850) O P I N I O N Appeal from an order of the […]

Filed 7/12/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. DANIEL BENJAMIN WADLEIGH, Defendant and Appellant. A165017 (San Mateo County Super. Ct. No. 20-SF-002550-A) Daniel Wadleigh appeals from the denial of his motion pursuant to Penal Code section 1538.5[1] to […]

Filed 7/12/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) SOUTH LAKE TAHOE PROPERTY OWNERS GROUP, Plaintiff and Appellant, v. CITY OF SOUTH LAKE TAHOE, Defendant and Respondent. C093603 (Super. Ct. No. SC20180243) ORDER MODIFYING OPINION AND PETITIONS FOR REHEARING ARE DENIED […]

Filed 7/12/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA CITY OF HESPERIA, Plaintiff and Appellant, v. LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT et al., Defendants and Respondents; SUNPOWER CORPORATION SYSTEM, Real Party in Interest and Respondent. D079956 (Super. Ct. No. CIVDS2019176) APPEAL from a judgment of the Superior Court […]

Filed 7/12/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) GREENVILLE RANCHERIA, Plaintiff and Appellant, v. ANGELA MARTIN et al., Defendants and Respondents. C096097 (Super. Ct. No. 21CI000234) APPEAL from a judgment of the Superior Court of Tehama County, Jonathan W. Skillman, Judge. Reversed. Peebles Kidder […]

Filed 7/11/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. ANTHONY ARNOLD, Defendant and Appellant. B321031 (Los Angeles County Super. Ct. No. BA037726) APPEAL from an order of the Superior Court of Los Angeles County. Laura F. Priver, Judge. Reversed […]

Filed 7/11/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO KATHERINE ROSENBERG-WOHL, Plaintiff and Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant and Respondent. A163848 (San Francisco County Super. Ct. No. CGC-20-587264) Plaintiff/appellant Katherine Rosenberg-Wohl (plaintiff) had a homeowners insurance policy with defendant/respondent State […]

Filed 7/11/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ANTHONY LONGOBARDO, Plaintiff and Respondent, v. AVCO CORPORATION, Defendant and Appellant. G062374 (Super. Ct. No. 30-2018-00970710) O P I N I O N Appeal from an order of the Superior Court of Orange County, Nick […]

Filed 7/11/23 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. RAMIRO MACIAS GARCIA, Defendant and Appellant. B317896 (Los Angeles County Super. Ct. No. BA109070) APPEAL from an order of the Superior Court of Los Angeles County, George G. Lomeli, […]

Filed 7/11/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. MARILYN JOY ZEMEK, Defendant and Appellant. D080917 (Super. Ct. No. RIF1900604) APPEAL from a judgment of the Superior Court of Riverside County, Samuel Diaz, Jr., Judge. Affirmed. Valerie G. Wass, under appointment by […]