California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Mariscal CA4/2
INTRODUCTION Defendant and appellant Josue Alfonso Mariscal appeals the trial court’s order following a full resentencing hearing upon remittitur. Counsel has filed a brief under the
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North County Communications Corp. v. Vaya Telecom CA4/1
Epps & Coulson, Dawn M. Coulson and Gabriel M. Courey, for Claimant and Respondent. Plaintiff North County Communications Corporation of California (NCCC) appeals a trial court order denying its motion to vacate three post- judgment orders in this long-running litigation. NCCC fi…
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Moffett v. Lake Merritt Healthcare Center CA1/1
Defendants Lake Merritt Healthcare Center, LLC. (LMHC) and Crystal Solorzano appeal from a trial court order denying their motion to compel arbitration. We affirm in part and reverse in part. In September 2022, while in his early 20s, Paris Moffett (Paris) was shot and paralyzed …
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Mercury Ins. Co. v. Aghaei CA2/4
Defendants Ramin Aghaei, Jennifer Tu, Garvey Aghaei Chiropractic Corporation, and Ramin Aghaei, a Professional Chiropractic Corporation (collectively, the chiropractors) appeal from the trial court’s order denying their special motion to strike the amended complaint filed by plai…
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Martin v. Schmidt CA4/1
I. INTRODUCTION Stepsisters Janeen Martin and Linda Schmidt inherited joint interests in their parents’ house. After the probate court ordered the sale of that house in a partition action, Martin sued Schmidt for delaying the sale thereby causing lost profits. Schmidt responded w…
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Marriage of Filipp CA4/1
Appellant Fabian V. Filipp, a self-represented litigant, appeals from an order declaring him a vexatious litigant under Code of Civil Procedure section 391.1 He contends the family court misapplied section 391, erred by counting nonqualifying proceedings, and committed “procedura…
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Marriage of Michael and Sara W. CA1/3
MEMORANDUM OPINION1 Sara W. (Wife) unsuccessfully petitioned for a domestic violence restraining order (DVRO) against her ex-husband, Michael W. (Husband). Husband requested attorney’s fees and costs as the prevailing respondent
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Marriage of Pallares and Rincon CA4/2
INTRODUCTION After a long term relationship (many years of cohabitation prior to a 10 year marriage), husband Pedro Rincon Pallares (Pedro)1 filed for dissolution of marriage from
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Liu v. Pacific Specialty Ins. Co. CA4/1
Appellants Jie Liu and his wife, Wei Xia, own a rental home insured by Pacific Specialty Insurance Company. Unbeknown to Appellants, their tenant grew marijuana in the house and damaged every room. Appellants filed an insurance claim, but Pacific Specialty denied it under a grow …
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Joseph F. Farivar Investment Group v. HPC Vineburn CA2/1
This case concerns the passive1 migration of contaminated groundwater from one property to an adjacent downgradient property. Plaintiffs are the owner and renter of the downgradient property. The defendants are the current and prior owners of the upgradient property. Prior to def…
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In re David L. CA1/2
D.L. (Mother) appeals from the juvenile court’s dispositional order removing her 7-year-old son David L. (Minor) from her custody. She claims substantial evidence does not support the juvenile court’s finding that clear and convincing evidence supported removal. We affirm.
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Estate of Jercich CA2/6
Estate of MITCHELL D. 2d Civ. No. B347732 JERCICH, Deceased. (Super. Ct. No. 22PR-0361) (San Luis Obispo County) Petitioner and Respondent,
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De Lecea v. Attune Neurosciences CA1/3
Luis de Lecea (plaintiff) filed the underlying action against his former associates, Attune Neurosciences, Inc. and Rajiv Mahadevan (collectively, defendants). The trial court denied defendants’ motion to compel arbitration of plaintiff’s claims, finding that they failed to carry…
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Baptiste v. State of Cal. CA4/2
* * * Plaintiff Jetta J. Baptiste appeals from a judgment of dismissal entered after the trial court granted motions to strike her fifth amended complaint in its entirety. Baptiste primarily contends the trial court wrongly struck that complaint because it overcame the uncertaint…
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Tyron Street Acquisition Trust v. Moshe CA2/4
This appeal arises from cross-motions for summary judgment regarding lien priority over two adjacent parcels of real property. Tyron Street Acquisition Trust I (Tyron) contends it is entitled to lien priority under the doctrine of equitable subrogation. Yair Ben Moshe counters th…
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Torres v. Flexpoint Funding Corp. CA2/5
I. INTRODUCTION Plaintiff Joel M. Torres appeals from an order denying his motion to set aside judgments pursuant to Code of Civil Procedure1 section 473, subdivision (d) and for new trial. Because he raises no argument on appeal that challenges that order, we affirm.
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Tillerson v. Nature Works Global CA4/1
Accordingly, we dismiss Tillerson’s cross-appeal as to Moran, Sculpture, and Global; reverse the judgment as to the negligent misrepresentation claim; and remand with directions to enter judgment in favor of Defendants.
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Rodriguez v. Melchner CA1/3
Plaintiff, Cross-Defendant A171498 and Appellant, v. (County of Alameda DAVID MELCHNER, Super. Ct. No. 23CV026024) Defendant, Cross- Complainant and Respondent.
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P. v. Clark CA1/3
Breshawn Clark moved to suppress evidence found during a pat-down search after he was detained by police officers responding to a reported shooting. The motion to suppress was denied, Clark pled no contest to carrying an unregistered loaded handgun (Pen. Code, § 25850, subds. (a)…
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P. v. Taylor CA1/1
Appellate courts decide actual controversies, not cases that become moot. We “will not render opinions on moot questions or abstract propositions, or declare principles of law which cannot affect the matter at issue on appeal.” (Daily Journal Corp. v. County of Los Angeles (2009)…