California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Jimenez CA3
A jury convicted defendant Frank Anthony Tony Jimenez of eight counts of lewd and lascivious conduct against M.B. and J.J., two counts of forcible lewd and lascivious conduct against M.B., one count of oral copulation against M.B., and one count each for making, possessing and di…
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P. v. Brown CA1/5
Super. Ct. No. 05002004059) A jury convicted Rodney Leroy Brown of five counts of forcible lewd acts on a child under the age of 14 (counts 1–5; Pen. Code, § 288, subd. (b)(1))1 and three counts of nonforcible lewd acts on a child under the age of 14 (counts 6– 8; § 288, subd. (a…
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P. v. DeLeon CA5
Meister represented defendant. Defendant initially appeared by video conference until there was a problem with the video. At that point, the trial court asked defendant if he wanted the hearing to continue and appear only by telephone. Defendant agreed to proceed with the hearing…
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P. v. Pugh CA5
-ooOoo- Appellant Johnathan Pugh was convicted by jury of assault with a deadly weapon while confined (Pen. Code,1 § 4501, subd. (a)); assault by means of force likely to cause great bodily injury while confined (§ 4501, subd. (b)); and one count of possession of a weapon while c…
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Neal v. Del Frisco's of California, LLC CA4/1
Victor Neal worked as a dishwasher for Del Frisco’s of California, LLC (Del Frisco’s). Neal sued Del Frisco’s for violations of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) and various provisions of the Labor Code. Thereafter, Del Frisco’s unsuccessfully …
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Marriage of G.S. and M.S. CA3
(Placer) In re the Marriage of G.S. and M.S. C105332 G.S., (Super. Ct. No. S-DR- Appellant, 0063742)
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Knight v. Johnson Controls, Inc. CA1/1
Johnson Controls, Inc. (JCI) appeals from a postjudgment order awarding attorney’s fees and costs to Dylan Knight under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.).1 It contends the trial court abused its discretion in: (1) setting the hourly…
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Kerlan-Jobe Ortho. Clinic v. Cedars Sinai Med. Care Found. CA2/5
Cedars Sinai Medical Care Foundation (Cedars) entered into a professional services agreement (and related agreements) with Kerlan-Jobe Orthopaedic Clinic in 2014. The agreements include arbitration provisions. Nearly a decade later, Cedars terminated the professional services rel…
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K.L. v. Super Ct. CA4/2
K.L. (Mother) seeks an extraordinary writ (see Cal. Rules of Court, rule 8.452) to set aside the juvenile court’s order terminating her reunification services with her infant son, B.B. (Minor), and setting a permanent plan selection and implementation hearing
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Jones v. Eaton CA2/5
When plaintiff and appellant Derek Jones (Jones) filed his third amended complaint in this action, he revised his claim for breach of written contract to allege the claim against all (not just some) defendants, including defendant and respondent Joseph Eaton (Eaton). Eaton prevai…
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In re N.Y. CA3
Minor N.Y. admitted one count of attempted criminal threats under Penal Code sections 422 and 664 for threatening to “shoot up” his school.1 Six weeks later, he filed a motion to withdraw his plea, asserting that he should be permitted to set aside his admission and receive infor…
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In re I.W. CA4/2
Petitioner and appellant William Ziemann, Jr., appeals from the trial court’s denial of his criminal defense attorney’s petition on his behalf to access a minor’s juvenile dependency case file. (Welf. & Inst. Code, § 827; all further statutory references are to
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In re N.R. CA5
-ooOoo- J.R. (mother) appeals from the juvenile court’s jurisdictional and dispositional orders sustaining a petition under Welfare and Institutions Code section 3001 and removing her now 15-year-old daughter, N.R. (daughter), from her custody. Mother, who waived reunification se…
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In re B.R. CA6
B.R. was declared a ward of the juvenile court and committed to the Monterey County Probation Department Youth Center Program (Youth Center) after he admitted to one felony count of discharging a firearm into an inhabited dwelling. (Pen. Code, § 246.)1 He was released from the Yo…
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Four Dimensions, Inc. v. Wang CA6
This appeal is from the denial of a special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP statute. (Subsequent undesignated statutory references are to the Code of Civil Procedure.) Plaintiff Four Dimensions, Inc. (Four Dimensions) is a semiconduct…
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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. Cardenas CA3
Defendant Norberto Andrade Cardenas pleaded guilty to infliction of corporal injury on a cohabitant. On appeal, he contends that his plea was not knowing and voluntary because the trial court failed to ensure he understood the constitutional rights he was waiving. We are not able…
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P. v. Hills CA3
After defendant Adrian Kevin Hills, Jr., was charged with multiple felonies in connection with an altercation with his then-girlfriend (the victim), he called and wrote to a mutual acquaintance about the victim’s potential upcoming testimony. Based on those communications, a jury…
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P. v. Lewis CA3
Appointed counsel for defendant Daronta Tyrone Lewis asked this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have done so and find no arguable error. There is a discrepancy between the oral pronouncement of judgment and the clerk’s minutes and a…
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P. v. Ybarra CA5
-ooOoo- * Before Franson, Acting P. J., DeSantos, J. and Harrell, J. Defendant Benito Juarez Ybarra, Jr., pleaded no contest to assault with force likely to cause great bodily injury and, after violating his terms of probation, was sentenced to a four-year term in prison. Defenda…