Category: 2016 Slip Opinions

Filed 5/5/16 IN THE SUPREME COURT OF CALIFORNIA CATHERINE FLORES, Plaintiff and Appellant, S209836 v. Ct.App. 2/3 B235409 PRESBYTERIAN INTERCOMMUNITY ) HOSPITAL, Los Angeles County Defendant and Respondent. Super. Ct. No. VC058225 ____________________________________) A personal injury action generally must be filed within two years of the date on which the challenged act or omission occurred. […]

Filed 5/5/16 IN THE SUPREME COURT OF CALIFORNIA ALEYAMMA JOHN, Petitioner, S222726 v. Ct.App. 2/7 B256604 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Super. Ct. No. BV030258 Respondent; SYLVIA CHAN, Real Party in Interest. The vexatious litigant statutory scheme (Code Civ. Proc., ?? 391-391.7)1 applies exclusively to self-represented litigants. Section 391.7, subdivision […]

Filed 4/21/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S022998 v. ANTHONY LETRICE TOWNSEL, Madera County Defendant and Appellant. Super. Ct. No. 8926 ____________________________________) A jury convicted defendant Anthony Letrice Townsel of the first degree murders of Mauricio Martinez and Martha Diaz (Pen. Code, ? 187, subd. (a); further statutory references […]

Filed 4/4/16 IN THE SUPREME COURT OF CALIFORNIA NYKEYA KILBY, Plaintiff and Appellant, S215614 v. 9th Cir. Nos. CVS PHARMACY, INC., 12-56130/13-56095 Defendant and Respondent. S.D. Cal. No. 3:09-CV-2051-MMA-KSC AND CONSOLIDATED CASE. C.D. Cal. No. 2:11-CV-3428-PSG-PLA The Ninth Circuit has certified questions1 involving California wage order requirements that an employer provide suitable seating for employees […]

Filed 3/28/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076785 v. PEDRO RANGEL, JR., Madera County Defendant and Appellant. Super. Ct. No. M13413A A jury convicted defendant Pedro Rangel, Jr., of the first degree murders of Juan Uribe and Chuck Durbin. (Pen. Code, ? 187, subd. (a); id., former ? 189.) […]

Filed 3/28/16 IN THE SUPREME COURT OF CALIFORNIA MARIBEL BALTAZAR, Plaintiff and Respondent, S208345 v. Ct.App. 2/1 B237173 FOREVER 21, INC., et al., Los Angeles County Defendants and Appellants. Super. Ct. No. VC059254 In this case, we are once again asked to determine the enforceability of an arbitration agreement under the law of unconscionability. As […]

Filed 3/17/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Appellant, S219889 v. Ct.App. 4/3 G049037 GERARDO JUAREZ, Orange County Defendant and Respondent. Super. Ct. No. 12CF3528 ____________________________________) THE PEOPLE, Plaintiff and Appellant, v. Ct.App. 4/3 G049038 EMMANUEL JUAREZ, Orange County Defendant and Respondent. Super. Ct. No. 12CF3528 Penal Code section 1387 generally […]

Filed 3/17/16 IN THE SUPREME COURT OF CALIFORNIA ESTUARDO ARDON, Plaintiff and Respondent, S223876 v. Ct.App. 2/6 B252476 CITY OF LOS ANGELES, Los Angeles County Defendant and Appellant. Super. Ct. No. BC363959 In civil discovery proceedings during the course of litigation between plaintiff Estuardo Ardon and defendant City of Los Angeles (City), the trial court […]

Filed 3/10/16 IN THE SUPREME COURT OF CALIFORNIA MAUREEN DESAULLES, Plaintiff and Appellant, S219236 v. Ct.App. 6 H038184 COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, Monterey County Defendant and Respondent. Super.Ct. No. M85528 Code of Civil Procedure section 1032, subdivision (a)(4) defines the ?prevailing party? in litigation to include ?the party with a net monetary recovery? […]

Filed 2/25/16 IN THE SUPREME COURT OF CALIFORNIA MILTON HOWARD GAINES, Plaintiff and Appellant, S215990 v. Ct.App. 2/8 B244961 FIDELITY NATIONAL TITLE INSURANCE COMPANY et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. BC361768 Plaintiff?s lawsuit was dismissed for failure to comply with Code of Civil Procedure1 section 583.310, which requires that […]

Filed 2/25/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S218233 v. Ct.App. 4/1 D062659 HUGO GARCIA, San Diego County Defendant and Appellant. Super. Ct. No. SCN291820 Section 459 of the Penal Code1 provides, in part, that ?[e]very person who enters any house, room, . . . shop, warehouse, store, . . […]

Filed 2/22/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S016883 v. JARVIS J. MASTERS, Marin County Defendant and Appellant. Super. Ct. No. 10467 A jury convicted defendant Jarvis J. Masters of the first degree murder of Sergeant Dean Burchfield, a correctional officer at San Quentin State Prison (Pen. Code, ?? 187, […]

Filed 2/17/16 IN THE SUPREME COURT OF CALIFORNIA CENTER FOR BIOLOGICAL DIVERSITY et al., Plaintiffs and Respondents, S217763 v. Ct.App. 2/5 B245131 DEPARTMENT OF FISH AND WILDLIFE, Los Angeles County Defendant and Appellant; Super. Ct. No. BS131347 THE NEWHALL LAND AND FARMING COMPANY, Real Party in Interest and Appellant. ORDER MODIFYING OPINION AND DENYING PETITION […]

Filed 2/18/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S024046 v. JAMES FRANCIS O?MALLEY, Santa Clara County Defendant and Appellant. Super. Ct. No. 131339 ____________________________________) Defendant James Francis O?Malley was convicted at trial of three counts of first degree murder (Pen. Code, ? 187, subd. (a)),1 one count of conspiracy to […]

Filed 2/11/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S143743 v. HUBER JOEL MENDOZA, Stanislaus County Defendant and Appellant. Super. Ct. No. 1034046 A jury found defendant Huber Joel Mendoza guilty of the first degree premeditated murders of Alicia Martinez, Carlos Lopez, and Carmillo (Camarino) Chavez (Pen. Code, ? 187),1 and […]

Filed 2/4/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S025748 v. JOSE LUPERCIO CASARES, Tulare County Defendant and Appellant. Super. Ct. No. 027503 A Tulare County jury convicted defendant Jose Lupercio Casares of the attempted premeditated murder of Alvaro Lopez and the murder of Guadalupe Sanchez. (Pen. Code, ?? 664, 187.)1 […]

Filed 2/4/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, S090602 Plaintiff and Respondent, Alameda County Super. Ct. No. 135280 v. LOUIS JAMES PEOPLES, Defendant and Appellant. ____________________________________) On August 4, 2000, defendant Louis James Peoples was sentenced to death for murdering James Loper, Stephen Chacko, Besun Yu, and Jun Gao. This appeal is automatic. […]

Filed 2/1/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S218712 v. Ct.App. 2/8 B243773 SAFETY NATIONAL CASUALTY CORPORATION, Los Angeles County Defendant and Appellant. Super. Ct. No. LA066432 When a defendant facing criminal charges is released on bail and fails to appear as ordered or as otherwise required and does not […]

Filed 1/25/16 IN THE SUPREME COURT OF CALIFORNIA MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, Petitioner, S208838 v. Cal.P.U.C. Decision Nos. PUBLIC UTILITIES COMMISSION, 11-03-035 and 13-01-040 Respondent; CALIFORNIA-AMERICAN WATER CO., ) Real Party in Interest. Petitioner Monterey Peninsula Water Management District, a public agency, imposed a fee on a public utility?s customers for work it had […]

Filed 1/21/16 IN THE SUPREME COURT OF CALIFORNIA CAROL COKER, Plaintiff and Appellant, S213137 v. Ct.App. 4/1 D061720 JPMORGAN CHASE BANK, N.A., ET AL., ) San Diego County Super. Ct. No. 37-2011- Defendant and Respondent. 00087958-CU-MC-CTL Under Code of Civil Procedure section 580b, when an individual borrows money from a bank to buy a home […]

Filed 1/21/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S178272 v. BILLY JOE JOHNSON, Orange County Defendant and Appellant. Super. Ct. No. 07CF2849 A jury convicted defendant Billy Joe Johnson of the first degree murder of Scott Miller (Pen. Code, ? 187, subd. (a)),1 and found true the special circumstance allegations […]

Filed 1/14/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Appellant, S219178 v. Ct.App. 4/3 G048659 ISAIAS ARROYO, Orange County Defendant and Respondent. Super. Ct. No. 12ZF0158 Welfare and Institutions Code section 707, subdivision (d), adopted as part of Proposition 21, the ?Gang Violence and Juvenile Crime Prevention Act of 1998,? allows prosecutors […]

Filed 12/24/15 (reposting to provide page numbers) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S115872 v. Los Angeles County RAMON SANDOVAL, JR., Super. Ct. No. BA240074 Defendant and Appellant. Defendant Ramon Sandoval, Jr. was convicted following a jury trial of the premeditated murder of Long Beach Police Detective Daryle Black and […]

Filed 1/4/16 (reposted as an ?A? document to include footer notation signalling separate opinions) IN THE SUPREME COURT OF CALIFORNIA HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Petitioners, S220289 v. ALEX PADILLA, as Secretary of State, etc., Respondent; LEGISLATURE OF THE STATE OF CALIFORNIA, Real Party in Interest. In 2014, the California Legislature sought to place […]