Category: California Courts of Appeal Opinions

Filed 7/11/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE PAUL THAI et al., Plaintiffs and Appellants, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant and Respondent. A165390 (San Francisco County Super. Ct. No. CGC-20-588422) On March 19, 2020, in response to the COVID-19 pandemic, California Governor […]

Filed 7/11/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JOSE LUIS TAPIA, Real Party in Interest. E080076 (Super. Ct. No. BLF2100023) OPINION ORIGINAL PROCEEDINGS; petition for writ of mandate. John M. Monterosso, Judge. […]

Filed 6/23/23; Certified for Publication 7/10/23 (order attached) COURT OF APPEAL FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA MANUEL CORRALES, JR., Plaintiff and Appellant, v. CALIFORNIA GAMBLING CONTROL COMMISSION et al., Defendants and Respondents. D080288 (Super. Ct. No. 37-2019- 00019079-CU-MC-CTL) APPEAL from a judgment of the Superior Court of San Diego County, Ronald F. […]

Filed 5/25/23 See Dissenting Opinion CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO SAN BERNARDINO COUNTY BOARD OF SUPERVISORS, Plaintiff and Appellant; v. LYNNA MONELL, as Clerk, etc., Defendant and Respondent; NADIA RENNER, Intervener and Appellant. E077772 (Super.Ct.No. CIVSB2025319) OPINION APPEAL from the Superior Court […]

Filed 5/25/23 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO MARTHA BARAJAS et al., Plaintiffs and Appellants, v. SATIVA L.A. COUNTY WATER DISTRICT, Defendant and Respondent. B317653 (Los Angeles County Super. Ct. No. BC713381) APPEAL from a judgment of the Superior Court of Los […]

Filed 5/25/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO DANIJA MCKNEELY, Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; THE PEOPLE OF THE STATE OF CALIFORNIA, Real Party in Interest. A166307 (Contra Costa County Super. Ct. Nos. 1-194029-5; 1-195489-0; 1-195774-5; 4-196306-5) If […]

Filed 5/25/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO BRANDON JACK, et al., Plaintiffs and Respondents, v. RING LLC, Defendant and Appellant. A165103, A165386 (San Francisco County Super. Ct. No. CGC-20-588258) Ring LLC (Ring) manufactures and sells home security and smart home devices including […]

Filed 5/24/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT RAFI A. KOUROUNIAN, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, Defendant and Appellant. B309007 (Los Angeles County Super. Ct. No. LC102903) APPEAL from a judgment of the Superior Court of Los […]

Filed 5/24/23; Opinion following rehearing CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO VICTOR VALLEY UNION HIGH SCHOOL DISTRICT, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; JOHN M.M. DOE, a Minor, etc., et al., Real Parties in Interest. E078673 (Super.Ct.No. CIVDS1908673) OPINION […]

Filed 5/24/23 CERTIFIED FOR PARTIAL PUBLICATION[1] IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. THOMAS RYAN SCOTT, Defendant and Appellant. E078721 (Super.Ct.No. RIF1604645) OPINION APPEAL from the Superior Court of Riverside County. Matthew C. Perantoni, Judge. Affirmed with directions. Stephen M. Lathrop, under […]

Filed 5/4/23; Certified for Publication 5/24/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE KAMIYA PERRY, Plaintiff and Appellant, v. KIA MOTORS AMERICA, INC., Defendant and Respondent. G060912 (Super. Ct. No. 30-2019-01081281) O P I N I O N Appeal from a judgment of the Superior […]

Filed 5/24/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Calaveras) DANIEL MCGEE, as Trustee, etc., Plaintiff and Appellant, v. STATE DEPARTMENT OF HEALTH CARE SERVICES, Defendant and Respondent. C093796 (Super. Ct. No. 12PR7408) APPEAL from a judgment of the Superior Court of Sacramento County, Timothy S. […]

Filed 5/23/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR JAYNIE CAMPANA et al., Plaintiffs and Appellants, v. EAST BAY MUNICIPAL UTILITY DISTRICT, Defendant and Respondent. A163054 (Alameda County Super. Ct. No. RG20050136) Plaintiffs Jaynie Campana and John Evilsizor appeal a judgment entered in favor […]

Filed 5/18/23 Modified and Certified for Pub. 5/23/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO In re Jonathan C.M., a Person Coming Under the Juvenile Court Law. THE PEOPLE Plaintiff, v. JONATHAN C.M., Defendant and Appellant; CONTRA COSTA COUNTY PROBATION DEPARTMENT Intervener and Respondent. A165931 […]

Filed 5/23/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN RAR2 VILLA MARINA CENTER CA SPE, INC. et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES, Defendant and Respondent. B315898 (Los Angeles County Super. Ct. No. 20STCV21214) APPEAL from a judgment of the Superior Court […]

Filed 5/22/23 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, Plaintiff and Respondent, v. DEANTHONY TYQUAN GOVAN, Defendant and Appellant. B316245 (Los Angeles County Super. Ct. No. VA149784) APPEAL from a judgment of the Superior Court of Los Angeles County, Andrew C. Kim, Judge. […]

17 Cal.App.5th 595 (2017)225 Cal.Rptr.3d 711 ROBERT KLEM, Plaintiff and Respondent, v. ACCESS INSURANCE COMPANY et al., Defendants and Appellants. No. D070623.Court of Appeals of California, Fourth District, Division One. November 20, 2017.Appeal from an order of the Superior Court of San Diego County, Super. Ct. No. 37-2016-00004859-CU-BT-CTL, Joel R. Wohlfeil, Judge. Reversed and remanded […]

Filed 5/16/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent; DEPARTMENT OF FINANCE et al., Real Parties in Interest and Respondents. D079742 (Super. Ct. No. 37-2020- 00009631-CU-WM-CTL) APPEAL from a judgment of the Superior […]

Filed 4/27/23; Certified for Publication 5/15/23 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ENRIQUE ROMERO et al., Plaintiffs and Appellants, v. LOS ANGELES RAMS et al., Defendants and Respondents. B310152 (Los Angeles County Super. Ct. No. 18STCV00679) APPEAL from a judgment of the Superior Court […]

Filed 5/16/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT JOSHUA NARANJO, Plaintiff and Appellant, v. DOCTORS MEDICAL CENTER OF MODESTO, INC., Defendant and Respondent. F083197 (Super. Ct. No. CV-21-001363) Order Modifying Opinion And Denying Rehearing [No Change In Judgement] THE COURT: It is […]

Filed 5/16/23 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE MARIA PEREZ et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Respondents. A165140 (Sonoma County Super. Ct. No. SCV-261649) Vicente and Maria Perez[2] appeal from a judgment confirming […]

Filed 5/15/23 (see concurring opinion) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, Plaintiff and Respondent, v. JOSE PORTILLO et al., Defendants and Appellants. B315241 (Los Angeles County Super. Ct. No. KA127308) APPEAL from judgments of the Superior Court of Los Angeles County, Victor […]

Filed 5/15/23 CERTIFIED FOR PARTIAL PUBLICATION[1]* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE RREEF AMERICA REIT II CORP, YYYY, Plaintiff and Respondent, v. SAMSARA INC., Defendant and Appellant. A163827 (San Francisco County Super. Ct. No. CUD21668144) Defendant Samsara Inc. (Samsara) appeals from a prejudgment right to attach […]

Filed 5/15/23 (unmodified opinion attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE RYAN BERRY, Plaintiff and Appellant, v. JEFFERY R. FRAZIER, DVM, Defendant and Respondent.   A164168 (County and City of San Francisco Super. Ct. No. CGC20587086)   ORDER MODIFYING OPINION AND DENYING REHEARING NO […]

Filed 5/9/23 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. ANGELO SHERMAN, Defendant and Appellant. D080241 (Super. Ct. No. SCD148091) APPEAL from a judgment of the Superior Court of San Diego County, David M. Gill, Judge. Affirmed. Alex Kreit, under appointment by the […]