California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. King CA1/4
Araijah King challenges the trial court’s imposition of a $300 restitution fine under section 1202.4, subdivision (b) following her plea of no contest to one count of assault with force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).) She argues that secti…
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P. v. Bravo CA5
-ooOoo- INTRODUCTION At a resentencing hearing required by Penal Code section 1172.75,1 the trial court declined to exercise its discretion under section 1385 to strike or reduce the firearm enhancement imposed under section 12022.5, subdivision (a), and reimposed the upper term …
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P. v. Glenn CA4/2
In this Anders/Wende matter,1 defendant and appellant Otis Ray Glenn appeals from the trial court’s resentencing decision after recalling his sentence under Penal Code section 1172.1. (All further undesignated statutory references are to this code.)
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Nguyen v. Han CA4/3
Tu A Winn Nguyen appeals from the trial court’s judgment in favor of Quang Han. After Han defaulted, the court held a prove-up evidentiary hearing and determined Nguyen failed to state a cause of action for defamation and was not entitled to recover any damages. Nguyen argues the…
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N.S. v. Superior Court CA4/1
A.A.’s mother, N.S., filed a petition for extraordinary writ under California Rules of Court, rule 8.452,1 seeking review of a juvenile court order terminating reunification services after 24 months and setting a
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Marriage of Kaur and Kumar CA1/4
In re Marriage of JASNEET KAUR and GAURAV KUMAR. Respondent, A172343 v. (San Mateo County GAURAV KUMAR, Super. Ct. No. 22FAM00816B)
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Maldonado v. Sully III AVH CA2/2
Madeline Maldonado (Maldonado) filed a wage and hour action against her employer, Sully III AVH LLC (Sully), asserting both class and individual claims. The trial court granted Sully’s motion to compel arbitration of Maldonado’s individual claims. The court also dismissed Maldona…
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In re Pride CA4/2
INTRODUCTION David Pride filed a habeas corpus petition in the superior court, alleging that his 1992 convictions for first degree murder and robbery were obtained “on the basis of race,
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In re R.P. CA4/2
Defendant and appellant A.M. (Mother) appeals the juvenile court’s denial of her request to change a court order wherein she sought reinstatement of reunification services with her seven-year-old son, R.P. (born in September 2018, hereafter Minor). Mother’s
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In re G.G. CA5
-ooOoo- * Before Franson, Acting P. J., Snauffer, J. and DeSantos, J. INTRODUCTION S.G. (father) appeals from the juvenile court’s orders made at a Welfare and Institutions Code1 section 366.26 hearing terminating parental rights as to his minor child G.G. He contends the court e…
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In re E.M. CA3
I.R. (mother) and J.M. (father) appeal the juvenile court’s orders terminating their parental rights and freeing the minors E.M. and M.M. (collectively, the minors) for adoption. (Welf. & Inst. Code, § 366.26.)1 The parents contend the juvenile court erred in finding the benefici…
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Gutierrez v. City of Imperial CA4/1
The City of Imperial (the City) appeals an order denying its special motion to strike brought under the anti-SLAPP statute (Code Civ. Proc.,1 1 Unless otherwise indicated, all further statutory references are to the Code of Civil Procedure. “ ‘SLAPP’ is an acronym for ‘strategic …
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Frost v. Rolling Hills Memorial Park CA1/4
Defendant Rolling Hills Memorial Park (RHMP), which owns and operates a cemetery in Richmond, California, appeals from an order denying its motion to compel arbitration of plaintiff Paula Frost’s claims against RHMP. The trial court found that an arbitration clause in a 2009 cont…
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Capers v. San Bernardino County CA4/2
Plaintiff and appellant Ma’Leena Capers (Capers) appeals the denial of her “Petition for Relief from Government Claim Filing Requirements” (all caps and boldface omitted; hereafter, the Petition) filed pursuant to Government Code section 946.6.1 This
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Believe in Chico v. City of Chico CA3
Plaintiff Believe in Chico, LLC, obtained approvals from respondent City of Chico’s (Chico) city council adopting a specific plan and amendments to Chico’s general plan for a housing development project. Voters later disapproved of the project in two referendums. Plaintiff filed …
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Ball v. De Leon CA2/5
Plaintiff and appellant Langston Ball challenges the trial court’s order granting an anti-SLAPP motion to strike his complaint (Code Civ. Proc., § 425.16)1 filed by defendant and respondent Heidi Sue De Leon. Plaintiff limits his argument to step one of the anti-SLAPP analysis, i…
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Arakelyan v. State Farm Mutual Automobile Ins. Co. CA2/2
Plaintiff and appellant Lucia Arakelyan (Arakelyan) appeals from a judgment of dismissal entered in favor of defendant and respondent State Farm Mutual Automobile Insurance Company (State Farm) following State Farm’s successful demurrer. We affirm.
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Szeto v. Chen CA4/3
Cross-defendant Gene Szeto and his counsel appeal from an attorney fee order. Because the trial court made the order while a different appeal concerning that same issue was still pending and before remittitur issued, the order is void. We therefore reverse.
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Srivastava v. BMW of North America CA6
Defendant BMW of North America, LLC appeals from an order denying its motion to compel arbitration of plaintiff’s causes of action brought under the Song- Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). For the reasons we will explain, we will reverse the order and rem…
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S.R. v. B.N. CA6
S.R., H053306 (Santa Clara County Appellant, Super. Ct. No. 24CP000485) v. Respondent. In this pending parentage action, S.R. appeals after the trial court issued mutual domestic violence restraining orders (DVROs) against him and B.N.1 The order issuing mutual DVROs also include…