California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Habitat and Watershed Caretakers v. Regents of the Univ. of Cal. CA6
In 2021, the Regents of the University of California (Regents) approved a long-range development plan (2021 LRDP) for the University of California, Santa Cruz (UC Santa Cruz) (collectively, university). The plan was intended to “serve as the physical development and land use plan…
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Fryer v. Farroq CA4/2
Plaintiff appeals a trial court order dismissing his civil action with prejudice, following an order sustaining demurrer with leave to amend and the expiration of the amendment period with no amendment having been filed. Plaintiff contends the trial
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Escamilla v. Perry CA4/3
Daniel Escamilla appeals from the trial court’s order granting Michael Perry, Larry Roberts, and the Perry Law Firm’s (Perry Firm) anti- SLAPP motion striking Escamilla’s abuse of process cause of action. Escamilla argues the court erred, first, in accepting the late filed motion…
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Cortez v. Burberry Ltd. CA2/8
INTRODUCTION Gabriela Cortez claims her employer Burberry Limited and Ana Fragoso, a Burberry manager, harassed her and ultimately terminated her employment on account of her pregnancy. We refer to both defendants collectively as Burberry. When Cortez was hired, she signed an agr…
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Wilson v. University of Southern Cal. CA2/4
In March 2019, plaintiff John B. Wilson was indicted, along with 49 other people, as part of the “Varsity Blues” college admission scandal. The indictment identified Mr. Wilson as one of the parties who had conspired to bribe agents of the University of Southern California (USC) …
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Thai v. Tran CA4/3
* * * Plaintiff Thomas Thai and defendant Newton Tran were partners in a real estate venture concerning a shopping center. They entered into an agreement to assign Thai’s interest in the venture to Tran. In the lawsuit that followed, Thai alleged Tran misrepresented and concealed…
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Solorzano v. Gruen CA2/5
Appellant Edwin Solorzano (Solorzano), a minority shareholder of Wholesale Direct Metals (WDM), filed a derivative action against respondents Adam Gruen (Adam), Amanda Gruen (Amanda), Niloofar “Lili” Moshfegh Geller (Lili), and others. The trial court ordered the matter to arbitr…
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S.B. v. J.R. CA3
S.B. (father) and J.R. (mother) have a minor child. Although the family court had ordered that father and mother would have temporary joint legal and physical custody of the child pending trial on mother’s request for a Domestic Violence Restraining Order (DVRO), once the trial c…
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Ruth v. Best CA4/3
Kiran Best appeals from an order granting Lynneta Ruth’s request for an elder abuse restraining order against him. Best contends the trial court erred in granting the restraining order. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND Best began renting a room in Ruth an…
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Plaintiffs in JCCP 5108 v. Superior Court CA2/5
Proposition 51, a measure addressing multiple defendant tort liability that was approved by voters in 1986, prospectively eliminated joint and several liability for non-economic damages (e.g., damages for pain and suffering, inconvenience, and emotional distress). (See generally …
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P. v. Atkins CA2/5
A jury convicted defendant and appellant Deshon Atkins (defendant) of two counts of attempted murder and found true gang and firearm enhancement allegations. The trial court sentenced defendant to life in prison plus a 45-year determinate term. Defendant appealed, and we remanded…
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P. v. Flores CA2/5
****** Bryan Arriaga Flores (defendant) appeals the trial court’s order following proceedings conducted pursuant to Penal Code1 section 1172.75, in which the court recalled his sentence, struck now-invalid prior prison term enhancements, and declined to reduce the sentence furthe…
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P. v. Alvarado CA4/2
I. Defendant and appellant Andres Alvardo appeals from the trial court’s postjudgment order denying his request to impose a lower term sentence following a
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P. v. Torres CA5
-ooOoo- Defendant Stephen Torres challenges the sentence imposed after a partially successful petition under Penal Code section 1172.6.1 We reject his principal claim that the superior court erred in relying on aggravating circumstances not proven or admitted in accordance with s…
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P. v. Garcia CA5
-ooOoo- Defendant Isaiah Elias Garcia (defendant) was convicted of second degree murder with a deadly weapon enhancement. He contends the trial court improperly took judicial notice of a witness’s identification of him as the killer at the preliminary hearing. He also argues tria…
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P. v. Quinonez CA6
1. Additional background a. Faretta motion Quiñonez was represented by a public defender or an alternate public defender from his arraignment on December 27, 2021, until July 21, 2022, when Quiñonez made his oral Faretta motion. The court responded that, before it could grant his…
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P. v. Castaneda CA6
Defendant Ruani Castaneda pleaded no contest to stalking by repeated following or malicious harassing (Pen. Code, § 646.9, subd. (a))1 and inflicting corporal injury on the mother of his child (§ 273.5, subd. (a)) in exchange for placement on probation. The trial court imposed pr…
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P. v. Cruz CA2/4
By amended information filed in November 2023, defendant Sergio Cruz and codefendant Johnny Perez were charged with the murder of Joshua Barcelos, assault with a firearm, and shooting at an occupied motor vehicle. (Pen. Code, §§ 187, subd. (a), 245, subd. (b), 246.)1 The informat…
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P. v. Quintanilla CA2/7
INTRODUCTION A jury convicted Omar Quintanilla of the first degree murder of Alcides Quiroz-Portillo, possession of a firearm by a felon, and shooting from a motor vehicle, with a true finding that Quintanilla personally used a firearm in the commission of the offenses. Quintanil…
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P. v. Garcilaso CA4/1
This appeal is from a judgment following resentencing under Penal Code section 1172.75. This appeal is governed by the court’s decision in People v. Delgadillo (2022) 14 Cal.5th 216. Retired Judge of the San Diego Superior Court assigned by the Chief Justice pursuant to article…