California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Brown CA6
The California Racial Justice Act of 2020 (RJA) provides that claimed violations of the RJA “based on the trial record” may be raised “on direct appeal from the conviction or sentence.” (Pen. Code, § 745, subd. (b).)1 Under section 1237.5, however, no appeal can be taken from a p…
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L.L. v. J.L. CA4/3
Following extensive litigation in this parentage action, the trial court found L.L. to be a vexatious litigant and entered a prefiling order under Code of Civil Procedure section 391.7.1 On appeal, L.L. argues the prefiling order must be vacated because of judicial bias and due p…
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In re V.M. CA3
Following the minor V.M.’s admission to assault with a deadly weapon and a great bodily injury enhancement, the juvenile court committed him to a secure youth treatment facility (SYTF). On appeal, V.M. contends the juvenile court abused its discretion because substantial evidence…
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In re C.M. CA1/3
Defendant C.M. appeals following a dispositional order declaring her a ward of the court and placing her on probation. C.M.’s counsel asks this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine if there are any …
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In re Nyaira H. CA1/4
Super. Ct. No. JD-037278-1) MEMORANDUM OPINION1 Defendant, Sariyah B. (mother), is the mother of Nyaira H., born in January 2023 (minor).2 Mother appeals from the juvenile court’s order terminating her parental rights to minor under Welfare and Institutions
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In re L.R. CA4/3
No appearance for Minor. A.O. (Mother) appeals from the order that terminated her parental rights and approved the permanent plan of adoption for her daughter L.R. (the child). (Welf. & Inst. Code, § 366.26; all undesignated statutory references are to this code.) Mother contends…
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In re D.M. CA4/3
* * * F.L. (Father) appeals from a jurisdiction/disposition order, contending the juvenile court abused its discretion by ordering supervised visitation with his child. Because the record sufficiently shows the child’s safety would be at risk if visits were unsupervised, we affir…
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Dromy v. Ozeri CA2/8
This defamation case stems from infighting at a small synagogue. Defendant and congregant Menachem Ozeri allegedly disrupted synagogue services to verbally accuse plaintiff and fellow congregant Ely Dromy of misconduct related to the synagogue and to assert plaintiff and synagogu…
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Doe 7DC v. Doe 2 CA6
In December 2022, plaintiffs sued a handful of entities, alleging that each shared responsibility for multiple sexual assaults perpetrated by a single individual in the 1990’s, when plaintiffs were minors.1 The timeliness of plaintiffs’ complaint turns on the version
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Coleman v. Dyson CA3
Plaintiff Corey Coleman appeals from a judgment entered after a trial court granted the motion for summary judgment filed by his former employer, defendant Dyson Inc. (Dyson). On appeal, Coleman argues the trial court erred in granting the motion by concluding he had not engaged …
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Calmat Co. v. Superior Court CA4/2
Heritage Logistics, LLC (Heritage), and Calmat Co., which does business as Vulcan Materials Company (Vulcan), filed a cross-complaint for apportionment and indemnity that included fictitiously named Roe defendants. Heritage and Vulcan
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Aleci v. McMillan CA2/1
Appellant Denise McMillan is the sister of respondents Linda Aleci and Robert Klinger.1 The three siblings are co- trustees of the Klinger Family Trust, established by their parents. In the proceedings below, a court-appointed referee ordered that: (1) the Trust reimburse Rob $16…
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A Company Hungary KFT v. Bespalov CA2/4
INTRODUCTION Plaintiff A Company Hungary, Kft (A Company Hungary) purchased the rights to distribute a movie, Sin City II: A Dame to Kill For, in various Eastern European countries, including Russia. A Company Hungary subsequently signed a letter directing that the revenues from …
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Sunset Beach and Marina v. Capitol Specialty Ins. Corp. CA4/3
* * * In 2013, plaintiff Sunset Beach and Marina, LLC (Sunset) entered into a written contract with CD&G, a general contractor, to construct two new condominium units on vacant land owned by Sunset (2013 Construction Contract). The 2013 Construction Contract obligated CD&G to inc…
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Sugarman v. Benett CA2/8
INTRODUCTION Plaintiffs Steven A. Sugarman and his trust sued Banc of California, several executives, and members of its board directors in the wake of a scandal that led to Sugarman’s resignation from his positions at Banc of California in January 2017. After years of litigation…
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Santana v. FCA US CA4/3
Plaintiff Raul Rios Santana challenges a judgment denying civil penalties on his lemon law claim against his vehicle’s manufacturer, defendant FCA US, LLC. (See Song-Beverly Consumer Warranty Act; Civ. Code, § 1791 et seq.1) Santana contends FCA’s repurchase proposal included imp…
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Rosas v. Beverly Law CA2/5
****** Two clients hired an attorney to represent them in a personal injury action. By September 2017, they received letters from the attorney reporting that he had settled the action notwithstanding their direction that they take the case to trial. They criticized him for mishan…
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P. v. Campbell CA2/6
In 2003, Sidney Campbell was convicted by jury of second degree murder after he and his brother shot and killed a 15-year- old boy. The jury was not instructed on felony murder or natural and probable consequences. In 2022, appellant filed a petition for resentencing pursuant to …
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P. v. Johnson CA4/1
Jeffrey R. Johnson brandished a corkscrew and told Timothy Cross, “Call my mom or I’m going to gouge your eyes out.” A jury convicted Johnson of making a criminal threat. The trial court sentenced him to three years in prison, which was less than his presentence custody time. Joh…
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P. v. Grajeda CA4/1
A jury convicted Christopher Shawn Grajeda of four counts of grand theft (Pen. Code, § 487, subd. (a); counts 4, 6, 8, 10) and four counts of false statements to sell or buy a security (Corp. Code, § 25401; counts 2, 5, 7, 9). The victims’ total loss was found to be $124,000. The…