California Supreme Court and Court of Appeal published (citable) opinions.
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Shi v. City of Palos Verdes Estates CA2/4
INTRODUCTION Wei Shi, a homeowner, wanted to build an ADU1 at his home in the City of Palos Verdes Estates. He applied for a permit to do so. The City had a mandatory statutory duty under California law to ministerially approve the ADU permit. (§ 66317.) The City, Shi alleges, fa…
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San Diego-Tomas v. Aspire Bakeries, LLC CA1/4
Plaintiff Cecilia San Diego-Tomas appeals a judgment dismissing her complaint for discrimination and retaliation under the California Fair Employment and Housing Act (FEHA) (Gov. Code,1 § 12900 et seq.) against her former employer defendant Aspire Bakeries, LLC (Aspire). She does…
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Castillo v. Belkorp AG, LLP CA5
-ooOoo- This is an employment-related dispute between defendant/appellant Belkorp AG, LLC (Belkorp) and plaintiff/respondent Stephen Castillo. Former employee Castillo brought purely nonindividual claims under Labor Code section 2698 et seq.,1 the Private Attorneys General Act (P…
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Smith v. Burbank Unified School Dist. CA2/8
Douglas Smith is a devout Christian whose faith compelled him to refuse the COVID-19 vaccination that his former employer Burbank Unified School District required of him. In response to Smith’s request for a religious exemption to the vaccine mandate, the District placed Smith on…
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P. v. Superior Court (C.M.) CA2/5
The People challenge an order dismissing real party in interest C.M.’s juvenile delinquency petition and sealing the record under Welfare and Institutions Code section 786.1 Section 786, subdivision (a) generally provides for sealing after a juvenile offender satisfactorily compl…
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P. v. Baxter CA4/2
Amanda Qiaoqun Baxter appeals from the trial court’s order denying her motion to reduce her felony convictions under subdivision (b) of section 17 of the Penal Code. Baxter argues that the court abused its discretion by denying relief on the basis that the
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P. v. Thomas CA2/8
Police suspected Anthony Thomas was up to no good. They searched his car, found a gun, and charged him with a gun crime. Usually police need probable cause to search a person or a car, but probable cause is legally unnecessary if the search qualifies as an inventory search. The r…
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Molina v. Triumph Residential Services, Inc. CA2/4
INTRODUCTION Labor Code section 432.61 makes it illegal for an employer to require, as a condition of employment, that an employee agree to arbitrate certain employment law claims. An agreement to arbitrate is a contract. Normally, courts do not enforce contracts that are illegal…
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In re C.M. CA3
These consolidated appeals concern intercounty transfers of juvenile delinquency cases pursuant to Welfare and Institutions Code section 750.1 Respondents Tehama County and Glenn County filed a juvenile wardship petition and notice of probation violation against C.M., then age 17…
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Davis v. Fresno Unified School Dist. CA5
-ooOoo- Plaintiff Stephen K. Davis sued defendants Fresno Unified School District (Fresno Unified or District) and Harris Construction Co., Inc. (Contractor), alleging defendants’ 2012 lease-leaseback agreements for the construction of a $36 million middle school violated Califor…
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Arora v. Arora CA4/1
INTRODUCTION In this marital dissolution proceeding, Neha Arora (Wife) appeals the trial court’s order awarding Gautam Arora (Husband) sanctions in the form of attorney fees and costs under section 271, subdivision (a) of the Family
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Yzaguirre v. Clovis Unified School District CA5
-ooOoo- A 12-year-old student injured his wrist during a physical education class devoted to the game of basketball. The injury occurred when his attempt to shoot a basket was contested and blocked by an adult instructor. The student sued the instructor and the school district, a…
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Slamer v. Southern Cal. Permanente Medical Group CA4/1
Jennifer Slamer and Christopher Slamer appeal the order granting the motion of Southern California Permanente Medical Group (SCPMG) for reimbursement of workers’ compensation benefits it had paid Jennifer. SCPMG sought to recoup those benefits from proceeds of a settlement the Sl…
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N.K. v. Palm Springs Unified School District CA4/1
Plaintiff John Doe N.K. (N.K.) sued Defendant Palm Springs Unified School District (the District), claiming former District teacher Maryann Eleanor McKenzie1 sexually abused him while he was attending Palm Springs High School (High School) during the 1978–1979 school year. The tr…
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In re H.J. CA4/2
INTRODUCTION In 2009, H.J. and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a semi-automatic firearm, along with
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Diplomat Property Manager v. FortiFi Financial CA4/1
This action involves alleged misuse of California’s Property Assessed Clean Energy (PACE) program (Stats. 2008, ch. 159, §§ 1–2, p. 523), which allows homeowners to install renewable energy sources and energy-efficient upgrades to their homes and have the cost added to their prop…
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P. v. Perkins CA2/6
Jonathon Abenido Perkins pleaded guilty with the clear expectation that the trial court would consider a Romero 1 motion a different judge had denied. The People did not object at the time of plea or sentencing. The court granted the Romero motion and sentenced defendant to 27 ye…
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P. v. Andrade CA6
Defendant Marcos Andres Andrade pleaded no contest to second degree robbery and admitted a prior strike conviction for participating in an armed robbery and carjacking. 1 Prior to entering his plea, Andrade filed a Penal Code section 1538.5 2 motion to suppress evidence, assertin…
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USPA City Center, LLC v. Law Offices of Jason W. Estavillo, P.C. CA1/2
In December, 2023, appellant Law Offices of Jason Estavillo (Estavillo) entered into a 66-month lease for significant office space in a building in downtown Oakland owned by respondent USPA City Center, LLC (usually the lessor, sometimes USPA). Estavillo quickly fell behind in it…
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P. v. Lackey-Garcia CA3
Defendant Martin Lackey-Garcia was charged with murder and attempted murder after stabbing multiple people at a mental health facility. Before trial, Lackey-Garcia’s competence to stand trial was called into doubt, and psychologists were appointed to evaluate him. (Pen. Code, §§ …