California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Cross CA5
-ooOoo- Defendant Thomas Riley Cross contends on appeal that the matter must be remanded for resentencing for the trial court to state the statutory basis for the imposed fines and fees in case Nos. VCF454203, PCM440439, and PCM416476. The People agree, as do we. However, after o…
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P. v. Ruiz CA4/2
I. INTRODUCTION Defendant was convicted by a jury of assault on a peace officer with a semiautomatic firearm. (Pen. Code, § 245, subd. (2).)1 Defendant appeals, arguing only
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Marriage of Tully CA3
(Yolo) In re the Marriage of CHRISTOPHER and HEATHER C102232 (Super. Ct. No. FL202015) Respondent, v. Appellant. Appellant Heather Tully (Heather)1 and respondent Christopher Tully (Christopher) were married for more than 38 years when Christopher filed a petition for dissolution…
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Lippincott v. Hassibi CA6
Plaintiff Henry Lippincott brought an arbitration proceeding against Arash Hassibi and Joinedapp, Inc. (collectively, defendants) but the proceeding was terminated after defendants did not timely pay arbitration fees. Lippincott sued defendants in state court, and the trial court…
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Kim v. Son CA4/3
Young Ki Kim appeals from a judgment of dismissal following the trial court’s order sustaining a demurrer to his first amended complaint (FAC) against respondents Don Son, M.D., and Don Son, M.D., Inc. (collectively defendants). The court concluded Kim’s claims were barred by the…
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Jackson v. Livento Group CA1/3
The trial court granted summary judgment in favor of defendants Livento Group, LLC and David Stybr on plaintiff Bryon Jackson’s complaint for breach of contract. Plaintiff appeals, contending the court misapplied the summary judgment standard, excluded admissible evidence that de…
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In re J.F. CA1/3
(San Mateo County Super. Ct. No. 24JW0025) J.F. admitted allegations that he committed assault with a firearm and personally used a firearm in the commission of a felony. The juvenile court committed J.F. to a secure youth treatment facility (“SYTF” or “secure track”; Welf. & Ins…
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In re A.S. CA4/1
P.J. (Mother) filed a notice of appeal after her parental rights were terminated. (Welf. & Inst. Code, § 366.26; all undesignated statutory references are to this code.) In her opening brief, she argued the Imperial County Department of Social Services (the Department) failed to …
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In re G.T. CA4/1
INTRODUCTION A.T. (Mother) appeals from a juvenile court order limiting her educational rights over her daughter, G.T., claiming the court abused its discretion in doing so. The San Diego County Health and Human Services Agency (Agency) has moved to dismiss the appeal under the d…
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In re Harmony R. CA2/4
A.E. (mother) appeals from the jurisdictional findings and dispositional order in dependency proceedings for her daughter, Harmony R. Mother argues no substantial evidence supports the juvenile court’s findings. She also contends the court abused its discretion by terminating jur…
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In re G.M. CA2/5
Defendant and appellant T.M. (mother) appeals from the juvenile court’s order terminating parental rights to her five children, G.M., J.M., E.L., Ev. L., and C.L., pursuant to Welfare and Institutions Code section 366.26.1 In her opening brief, mother contended that because the c…
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Hartwell v. O'Shea CA2/7
Krista Hartwell appeals from the trial court’s denial of her request for a domestic violence restraining order (DVRO) protecting her from Kean Patrick O’Shea. Hartwell contends the trial court abused its discretion in denying the DVRO because there was uncontradicted evidence tha…
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Bulkin v. Medical Board of Cal. CA2/7
Anatoly Bulkin appeals from an order denying his motion for attorneys’ fees under Code of Civil Procedure section 1021.51 following his successful appeal in which we directed the trial court to grant his petition for writ of mandate and order the Medical Board of California (Boar…
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Brooks v. Mailloux CA5
Mailloux. -ooOoo- INTRODUCTION This matter arises from an appeal and cross-appeal following summary adjudication in a probate proceeding in which the court determined that an amendment to a trust was valid but found a land use restriction within that amendment invalid and unenfor…
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Armendariz v. Renfro CA4/1
This appeal concerns a long-simmering dispute between neighbors over invasive roots from 38 Ficus trees. In 2015, the parties settled a lawsuit by agreeing that the tree owners would remove 19 of the trees while maintaining the remaining 19 trees in a way that would minimize root…
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Zhao v. Sun CA4/1
A dispute between Plaintiff Qian Zhao and Defendant Xiaofan Sun over money Zhao deposited into accounts allegedly controlled by Sun eventually grew to encompass Sun’s counsel in this action, Jing Wang and Kingswood Law, PC. As relevant for this appeal, after Wang filed a document…
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White v. Kia Motors America CA2/2
Plaintiff Daryl White had a new 2015 Kia Optima that suffered engine and transmission failures after four years. He sued defendant Kia Motors America, Inc. (Kia), asserting breach of express warranty and untimely repair in violation of the Song- Beverly Consumer Warranty Act (Civ…
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Tye v. Bordonali CA4/3
Plaintiff and appellant Matthew Tye sued Avenue One Community Association, Inc. (the HOA), Property Management Professionals, LLC (PMP), and Marc Bordonali1 for nuisance, conversion, violation of Civil Code section 43502, violation of Business and Professions Code section 17200, …
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Szewczyk v. Orange County Employees Retirement System CA4/3
Pursuant to the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et seq.) (CERL), a County of Orange (County) employee receives a pension amount based in part on the employee’s “‘[c]ompensation earnable’” (§ 31461, subd. (a).).1 “‘Compensation earnable’” is defined as …
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South Feather Water and Power Agency v. North Yuba Water Dist. CA3
Plaintiff South Feather Water and Power Agency (South Feather) appeals after the trial court entered judgment in favor of defendant North Yuba Water District (North Yuba). South Feather argues: (1) an actual controversy exists between the parties justifying South Feather’s declar…