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This Week December , Previous Issues. Right Now On Twitter Facebook. Tweets by ConnectSavannah. Connect Savannah. He was convicted of attempted murder of a peace officer and three counts of assau Justia Opinion Summary: People v. Sanchez 63 Cal. Plaintiff filed a writ petition challenging the trial court's finding of probable cause in a Sexually Justia Opinion Summary: After SCE filed suit for interference with easement and declaratory relief, defendant cross-complained, seeking damages for nuisance, trespass, and ejectment.
The trial court found that SCE was granted floating easements Justia Opinion Summary: Defendant was convicted by jury for discharging a firearm with gross negligence count 1 , unlawfully causing a fire to an inhabited structure or property count 2 , unlawfully setting fire to property of another counts Justia Opinion Summary: Reliable hearsay evidence in arrest and probation reports is admissible to prove ineligibility for Proposition 64 -- which reduces or eliminates penalties for marijuana offenses -- relief.
The Court of Appeal affirmed th Justia Opinion Summary: Appellants Bryan and Jackie Myers appealed after the trial court refused to set aside a judgment settling a disagreement between neighbors. Their homes sit on adjacent lots that were once part of a single parcel which, w Justia Opinion Summary: Appellants appealed the denial of their motion to compel arbitration or, in the alternative, motion for judicial review.
After the city denied her application, Weiss petitioned for Magic Carpet Ride v. Add to Wishlist. Spracher v. The Court of Appeal held that the evidence supported findings as to only two lewd acts on each victim.
Appellants' motion stemmed from claims JHBE brought against them for judicial foreclosure and decla Justia Opinion Summary: Defendant was convicted of sodomy of a child 10 years old or younger Pen. Defendant had admitted to both his and the p In the published portion of this opinion, the court held that Senate Bill , which addresses certain aspects of California law regarding felony m Justia Opinion Summary: Plaintiffs filed suit against the new owners of the building in which they rented an apartment, alleging that the purported reason for their eviction was a pretext for the true motivation of increasing the rental value o Justia Opinion Summary: After defendant was convicted of violent felonies in three different cases, he received a 51 year aggregate sentence in pursuant to a plea agreement.
After his petition for habeas corpus was granted in , he was Justia Opinion Summary: The Court of Appeal affirmed the trial court's judgment entered in favor of the law firm in an action where defendant entered a written settlement and release from a judgment to the plaintiff in the underlying lawsu Plaintiff's claims stemmed f Justia Opinion Summary: In a dispute between the parties that started over a disabled parking space, Dennis Ross filed a complaint with police stating that plaintiff Diann Davis vandalized his car.
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Davis entered a plea of no contest to misdemea Justia Opinion Summary: Shirli Weiss, as trustee for her trust, applied under a local scenic view ordinance to compel a neighboring property owner to trim and maintain its landscaping. After the city denied her application, Weiss petitioned for Justia Opinion Summary: Defendant was convicted of vehicular manslaughter with gross negligence.
The court sentenced him to two years in prison. Justia Opinion Summary: In , Daley, pregnant with twins, had twin-twin transfusion syndrome TTTS , a congenital condition involving a circulation abnormality in twins growing from a single placenta. Justia Opinion Summary: Father appealed the denial of his motion to modify judgment because DCFS failed to give him adequate notice of dependency proceedings involving his children.
The Court of Appeal held that the juvenile court erred by find Justia Opinion Summary: At issue before the Court of Appeals was whether James Robert Anderson, settlor and trustee of the James Robert Anderson Revocable Trust the trust , validly amended the trust when he made handwritten interlineations to Justia Opinion Summary: Sagin was sentenced to life without parole for a stabbing murder.
After the murder, two Monterey County Jail inmates separately reported that Sagin housed at the jail awaiting trial on other charges confessed to t Justia Opinion Summary: Plaintiffs sued Kissler and her medical marijuana collective Alternatives , alleging defendants failed to pay them for their contract work growing marijuana. The summons and complaint were served: defendants actively pa The court held that D.
Justia Opinion Summary: Defendant pleaded no contest to three counts of identity theft with a prior and was sentenced to three years eight months in county jail. Relying on People v. Justia Opinion Summary: Plaintiff-relator Matthew Omlansky, by virtue of knowledge gleaned as a state employee involved with the Medi-Cal program, brought this qui tam action in the name of the State of California alleging that defendant Save M Quidel contended the trial court incorrectly concluded a provision Justia Opinion Summary: Henry and Deborah Luzuriaga contracted with a general contractor for the construction of a commercial building.
The general contractor contracted with Precision Framing Systems, Inc. Precision for the framing, includin Justia Opinion Summary: Appellant Steven Force was adjudged a sexually violent predator, and received treatment at a state mental hospital for pedophilia and exhibitionism. Justia Opinion Summary: Churchman alleged she bought a train ticket at a station operated by the Bay Area Rapid Transit District, passed through turnstiles, and went to the boarding platform.
Justia Opinion Summary: Buchanan was convicted of several crimes, including kidnapping with intent to commit a sex offense.
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The court found certain enhancement allegations true and sentenced Buchanan to 60 years to life in prison, which includ Justia Opinion Summary: After appellants obtained a judgment in their favor, the trial court declared Greene the prevailing party and awarded him attorney fees under a contractual attorney fee provision. Greene appealed, contending that the tri Justia Opinion Summary: K. The Court of Appeal affirmed, hold The court applied the plain meaning of th Justia Opinion Summary: In , California enacted legislation known as the California Homeowner Bill of Rights, or HBOR, which imposed specific limitations regarding the nonjudicial foreclosure of owner-occupied residential real property.
Justia Opinion Summary: Plaintiffs challenged the trial court's dismissal with prejudice of their claims brought against the state level defendants. Plaintiffs' claims stemmed from their allegations that KHSD adopted and implemented a district Justia Opinion Summary: Defendant, a hour skilled nursing facility, appealed an order denying its petition to compel arbitration of claims asserting negligent or willful misconduct, elder abuse, and wrongful death filed against it by deceden Justia Opinion Summary: The State of California filed an information alleging petitioner Oscar Vaquera committed a lewd or lascivious act against John Doe number one and John Doe number two, who were both children under 14 years of age.
These w Justia Opinion Summary: Defendant appealed his conviction and sentence for six counts of lewd acts upon a child. The Court of Appeal held that the evidence supported findings as to only two lewd acts on each victim.
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The court also held that def Benton continued to work at that practic Justia Opinion Summary: In March , employees of defendant Greystone Ridge Condominium, including plaintiff Victor Franco, were presented with and asked to sign an agreement requiring that each employee agree to submit to final and binding a The court entered a Code of Civil Procedure section The court of appeal reversed as to Taeb and affirmed as to Trig Justia Opinion Summary: Nicole, age 13 became a dependent of the juvenile court. Justia Opinion Summary: N. The juvenile court entered a dispositional order Justia Opinion Summary: The Court of Appeal dismissed the District Attorney's appeal from the trial court's postjudgment order finding defendant eligible for resentencing under Penal Code section Section was added by Proposition 73, an i Justia Opinion Summary: Between and , Manuel Gonzalez was charged with and pleaded guilty to three cases important to the decision in this appeal.
After violating probation in two cases, defendant Gonzalez was sentenced to state prison Justia Opinion Summary: In , pursuant to a plea agreement, defendant-appellant, Jeffrey Sapienza pled guilty to criminal threats. The trial court imposed the upper term of three years of imprisonment, but suspended execution of sentence and The initiatives were referred to county couns Justia Opinion Summary: Cynthia Huerta, Maria De Jesus Gonzalez and Andres Gonzalez were the parents of three girls who were tragically killed on Halloween night in when they were struck by a speeding motorist while they were crossing the Stopthemillennium cross-appealed the trial Justia Opinion Summary: The Court of Appeal affirmed the trial court's restitution order imposed after defendant pleaded no contest to driving under the influence and injuring another person, and admitted allegations that he had a blood-alcohol Justia Opinion Summary: A felony complaint was filed against Del Castillo alleging residential burglary with a hot prowl allegation, vandalism, and receiving stolen property.
On December 28, he was arraigned. On January 11, Del Castillo waived Justia Opinion Summary: After remand from the California Supreme Court, the Court of Appeal again affirmed defendants' convictions, as well as the related criminal street gang enhancements. The court held that Senate Bill eliminates aider Justia Opinion Summary: The Court of Appeal reversed the trial court's grant of O'Gara Coach's motion to disqualify Richie Litigation and its attorneys from representing plaintiff, a former sales advisor at O'Gara Coach, in plaintiff's action a Justia Opinion Summary: A recommitment order must be based on the same mental disorder that was the basis for the original commitment.
The Court of Appeal reversed the trial court's order recommitting defendant as a mentally disordered offender The court found that Welfare and Institutions Code section Justia Opinion Summary: A public entity is not liable for an injury caused by a dangerous condition of public property unless the injury was proximately caused by the dangerous condition and the dangerous condition created a reasonably foreseea He sought to appeal a superior court order denying his Penal Code section motion to dismiss an indictment issued by a gra After the County pr Justia Opinion Summary: After prison officials found Rigsby guilty of possessing contraband, they imposed disciplinary actions which resulted in a day loss of inmate privileges and early release credits.
The superior court granted Rigsby hab Justia Opinion Summary: In , defendant-appellant Jorge Rodriguez pled guilty to unlawful intercourse by a person over 21 under Penal Code1 section Defendant, as a person over 21, admitted to having sex with a person under the age Justia Opinion Summary: Defendant appealed his multiple convictions for the robbery of several stores and restaurants, raising numerous claims of error.
The Court of Appeal held that the trial court properly admitted defendant's police-interrog Justia Opinion Summary: Taxpayers filed suit alleging that their dividends derived from interest on government bonds were unconstitutionally taxed. Justia Opinion Summary: Defendant, the beneficiary of a spendthrift trust created by his father, appealed the probate court's order directing the trustee to pay a portion of defendant's principal disbursement to four judgment creditors in Justia Opinion Summary: The Court of Appeal affirmed defendant's conviction for committing lewd and lascivious acts when she assaulted a 14 year old family member.
The court held that "intent to sexually exploit" the minor is not a second eleme Justia Opinion Summary: Santos was arrested in connection with a stolen vehicle report. He pleaded no contest to vehicle theft with a prior conviction, possession of methamphetamine, possession of burglary tools, and buying or receiving a stole Justia Opinion Summary: Where an offeree achieves a judgment more favorable than a first offer, the determination of whether an offeree obtained a judgment more favorable than a second offer should include all costs reasonably incurred up to th Justia Opinion Summary: After S.
M was adjudicated a Mentally Disordered Offender MDO and committed for treatment to the Department of State Hospitals, he appealed from an order that he be involuntarily administered antipsychotic medication by Justia Opinion Summary: After receiving a speeding citation, defendant Dr. Nickesh Pravin Shah duped an employee into signing a letter falsely stating that defendant was responding to a medical emergency at the time of the traffic stop.
Justia Opinion Summary: Derrick Burns struck his girlfriend and led law enforcement on a high-speed chase. A jury convicted him of false imprisonment, evading a police vehicle, infliction of corporal injury on a spouse or cohabitant, and two co Justia Opinion Summary: Jimmy Flores Meza appealed his conviction for misdemeanor child endangerment.
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He was charged about two years after he assaulted his year-old daughter on the street. At the State's request and without objection from Me In bifurcated proceedings, the trial court found Moses previously suffered a strike conviction, but dismis In , Dell Inc. In , Clifford particip Justia Opinion Summary: Fistes appealed from the trial court's judgment sustaining without leave to amend defendants' demurrer to Fistes' third amended complaint, seeking a declaration that the contract the District awarded to GDL for the remed The MBM defendants Justia Opinion Summary: Petitioner Hedy Wolf pled guilty to the misdemeanor offense of making harassing telephone calls.
The trial court: 1 granted Petitioner one year of summary probation with the condition she serve one day in jail in lieu Justia Opinion Summary: The Court of Appeal held that evidence of a legal guardian's occasional methamphetamine use outside the legal guardian's home and while the child was in the care of another adult in the home does not support dependency j Justia Opinion Summary: A jury convicted defendant Douglas Stout of attempted carjacking, attempted kidnapping, criminal threats, carrying a loaded firearm with the intent to commit a felony, possession of a firearm by a felon, assault with a s Justia Opinion Summary: Mother C.
The parents contended the juvenile court erred in failing to find the beneficial parental rel Justia Opinion Summary: A jury found defendant guilty of robbery, and found that he personally and intentionally discharged a firearm, which proximately caused great bodily injury to another, under Penal Code, section Justia Opinion Summary: Following the partial denial of his motion to suppress evidence pursuant to Penal Code section The court suspended The Court of Appeal held that the trial court erred in entering the stipulated judgment b Justia Opinion Summary: Daughter was born in The Santa Clara County Departm Justia Opinion Summary: A k plan that a debtor, like the one in this case, creates and controls with the avowed purpose of protecting his assets from creditors is not a plan principally designed and used for retirement purposes, thereby rend The trial co Justia Opinion Summary: Emmanuel Jose Centeno pled guilty to assault with a semiautomatic firearm, robbery, and possession of more than Centeno also admitted allegations as to counts 1 and 2 that he personally used a fi Justia Opinion Summary: The Court of Appeal affirmed the trial court's order and judgment upholding the Water Board's determination that Barclay was jointly and severally responsible with real party in interest Shell Oil for the cleanup and aba Justia Opinion Summary: Plaintiff filed a personal injury action against the County, alleging that the County negligently caused a bus on which he was a passenger to strike a pillar in At issue on appeal was the admissibility of a document titled Final Costs Certificate.
The Court of Appeal held Justia Opinion Summary: The Court of Appeal rejected defendant's contention that he was entitled to a remand of his case to permit the trial court to exercise its discretion regarding whether to permit him to seek mental health diversion under Justia Opinion Summary: The California Constitution and Penal Code section , subdivision d provide indigent prisoners with the right of meaningful access to the courts to prosecute civil actions.
The Court of Appeal held that one of the d Justia Opinion Summary: The Court of Appeal affirmed defendant's murder convictions and held that the trial court did not prejudicially err in admitting defendant's statements related to the Mexican drug cartel and there was no violation of def Code In , the Baxter petitioners, forme Justia Opinion Summary: Plaintiff filed suit against Wells Fargo in tort for negligent mortgage modification and other claims.