California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
-
Mogilefsky v. Panda Express CA2/6
Jul 7, 2022
Panda owns and operates a chain of Asian-style fast food restaurants. On January 3, 2020, appellant visited Panda’s Arroyo Grande location. Appellant, who had pre-ordered his food online, carried his small dog, a Chihuahua mix, under his arm. Appellant’s food was ready when he ar…
-
Gonzalez v. Aluminum Precision Products CA2/6
Jul 7, 2022
APP employed Maldonado and Gonzalez. In July 2020, Maldonado submitted a PAGA notice to the Labor and Workforce Development Agency (LWDA) pursuant to section 2699.3. He alleged three violations: (1) a WARN Act violation, (2) failure to reimburse expenses arising from the use of p…
-
P. v. Pacheco CA2/4
Jul 7, 2022
Appellant Joseph Pacheco appeals the denial of his petition for resentencing under Penal Code section 1170.95. In 2012, appellant and three other members of a criminal street gang met with a fellow gang member, Anaya, at an apartment to collect money for a drug deal. After discov…
-
Heidi Corp. v. Tree Lane LLC CA2/7
Jul 7, 2022
Heidi Corporation dba Donald J. Scheffler’s Concrete Construction (“Heidi”) appeals from an order granting Respondent Tree Lane LLC’s (“Tree Lane”) motion to release the mechanic’s lien Heidi recorded on real property owned by Tree Lane. Heidi failed to serve the 20-day prelimina…
-
P. v. Reyes CA2/3
Jul 7, 2022
In 1997, a jury found Reyes guilty of possession of a firearm by a felon (Pen. Code, former § 12021, subd. (a)(1)). After a court trial on three priors that had been alleged under the Three Strikes law and that arose out of Reyes’s 1994 conviction for a robbery involving three vi…
-
In re Cedric I. CA2/4
Jul 7, 2022
Appellant Elizabeth I. (mother) asserts that the juvenile court erred in the exit order (Welf. & Inst. Code, § 362.4 ) it issued upon termination of jurisdiction over mother’s teenage son, C. When the juvenile court terminates jurisdiction over a child, it may order counseling or…
-
Connected Morro Bay Blvd. v. City of Morro Bay CA2
Jul 6, 2022
Connected Morro Bay Blvd., LLC, appeals from the judgment denying its petition for a writ of mandate and complaint for injunctive relief. Respondent City of Morro Bay (City) denied appellant’s application for a permit to operate a retail cannabis dispensary. It issued permits to …
-
Kent v. Quesada CA2/5
Jul 6, 2022
In 2014, Rafael Rojas suffered significant injuries when he was hit by a semi-trailer truck while sitting in a wheelchair on the sidewalk. The department is the state agency responsible for administering the California Medical Assistance Program (Medi-Cal). It paid $84,043.46 for…
-
P. v. Casillas CA2/7
Jul 6, 2022
A jury convicted Francisco Javier Casillas of three counts of attempted premeditated murder, three counts of assault with a semiautomatic firearm and one count of carrying a loaded firearm while an active gang member. The jury also found true the allegations supporting firearm an…
-
P. v. Casillas CA2/7
Jul 6, 2022
A jury convicted Francisco Javier Casillas of three counts of attempted premeditated murder, three counts of assault with a semiautomatic firearm and one count of carrying a loaded firearm while an active gang member. The jury also found true the allegations supporting firearm an…
-
Madrigal v. Cal. Victim Comp. and Government etc.
Jul 6, 2022
1. The crime and the eyewitness testimony On the afternoon of July 5, 2000, Ricardo Aguilera was visiting Michael and Carlos M. Their home was in the territory of the Marianna Maravilla gang. Michael had been a member of the gang. (Madrigal I.) Sometime between 3:15 and 3:20 p.m.…
-
Silvester v. Estate of Niparko CA2/7
Jul 6, 2022
Appellant Dominic Silvester is a former patient of physician John Kim Niparko, an ear specialist who treated Silvester over several months for tinnitus (ringing in his ears). Silvester contends that while he was in a vulnerable state during treatment, Dr. Niparko, now deceased, i…
-
Devlin/McNally Construction v. Drolapas CA1/5
Jul 6, 2022
Mission Hub LLC (Tenant) leased certain commercial real property (the Property) from Owner. Tenant subsequently contracted with Contractor for construction work on the Property. During the construction, disputes arose between Contractor and Tenant, and Contractor placed a mechani…
-
S.F. v. M.J. CA1/3
Jul 6, 2022
The parties were married on July 10, 2012 and lived together. They had a child born in 2013. In December 2017, the parties separated. That same month, wife obtained a temporary DVRO against husband and filed a petition for dissolution of the marriage. On May 29, 2018, the trial c…
-
P. v. Negrete CA6
Jun 29, 2022
On the night of April 1, 2020, an argument ensued between 23-year-old defendant and his 64-year-old father. Defendant lived with the father in a studio apartment in Prunedale. Defendant was drunk and the father had consumed a couple of beers. The father pushed defendant in the ch…
-
P. v. Miaga CA6
Jun 29, 2022
In December 2020, defendant pleaded no contest to a single-count felony complaint alleging a violation of Penal Code section 311.11, subdivision (c)(1). The complaint alleged defendant possessed more than 600 images of child pornography, at least 10 of which contained a prepubesc…
-
Rassaii v. Bd. of Trustees of the Cal. State Unive
Jun 29, 2022
Rassaii contends he has stated a valid cause of action by alleging section 41300(f) facially violates the equal protection clauses of the federal and California constitutions. Two standards have been applied in evaluating facial challenges to statutes and regulations. (See T-Mobi…
-
K.Y. v. Superior Court CA5
Jun 29, 2022
A. Detention and Removal Two-month-old B.Y. came to the attention of the Fresno County Department of Social Services (department) in February 2021 after he was admitted to the hospital for failure to thrive because of insufficient feeding. The hospital staff attributed the baby’s…
-
In re S.S. CA5
Jun 29, 2022
Petition, Detention, Jurisdiction, and Disposition In May 2019, the department received a referral alleging general neglect when six year-old M.M. (not subject to this proceeding) was found wandering alone near a busy street. M.M. and her siblings, then 11-year-old D.M., then eig…
-
In re Vasquez CA5
Jun 29, 2022
The charges in this case all involve sex crimes allegedly committed against two half brothers who defendant often watched while their parents ran errands. Most of the allegations involve the younger five-year-old brother. After the initial allegations came to light, the 11-year-o…