December 2010 Archives

Turman v. Turning Point of Cent. California, Inc., H032576, concerned a challenge to the jury verdict in favor of a defendant, in plaintiff's suit against her former employer for gender discrimination based on disparate treatment and hostile work environment.

Sunnyvale W. Neighborhood Ass'n v. City of Sunnyvale City Council, H035135, concerned a challenge to a trial court's grant of a peremptory writ of mandate compelling a city council to set aside its approval of the proposed project and its certification of the Final Environmental Impact Report (FEIR).

Capital murder conviction affirmed

People v. Howard, S050583, concerned a defendant's challenge to his conviction for first degree murder and attempted second degree robbery and a sentence of death.

Medical marijuana dispensaries' challenge to a county ordinance

County of Sonoma v. Superior Court, A128734, concerned a county's petition for a writ of mandate seeking to compel a trial court to vacate and set aside portions of its orders, related to a county ordinance governing zoning of medical cannabis dispensaries. 

Challenge to the Governor's reversal of parole board's suitability for parole finding

In re Gomez, G043001, concerned a defendant's request for habeas relief, challenging the Governor's reversal of the findings of the Board of Parole Hearings that he was suitable for parole.  In granting the relief, the court held that twice, the Governor has reversed the Board based solely on the existence of two "immutable factors" which are unsupported by the record, and which amount to a rote recitation of factors the Governor believes are suggestive of risk.  The court also held that the Governor has failed to articulate any rational nexus between his reasons for reversing the Board's grant of parole, and any unreasonable risk of danger to public safety posed by defendant's release.  However, the court held that defendant is not entitled to credit allowing him an early discharge.

Related Link:

• Read the Full Decision in In re Gomez, G043001

People v. Vasquez, B218802, concerned a challenge to the trial court's denial of defendant's motion to have his restitution obligation to a young girl who had been severely mauled by defendant's pit bull satisfied, in a prosecution of defendant for failure to control a mischievous animal that caused serious bodily injury.

Stasz v. Eisenberg, B217470, concerned a challenge to the trial court's dismissal of the suit for failure to pay costs and attorney fees ordered when the court transferred the action to San Francisco pursuant to Code of Civil Procedure section 399(a), in plaintiff's suit involving a claim to entitlement of property located in San Francisco.  In affirming, the court held that plaintiff was not entitled to notice of finality of the transfer order under section 399(a) because she did not challenge the order by way of writ of mandate.  The court rejected plaintiff's claims that she did not receive timely service of the motion to dismiss, and that she was improperly denied an opportunity to seek reconsideration.

Petition for writ of mandamus to compel the State to reinstitute the Homeless Adults Program

Mental Health Ass'n in California v. Schwarzenegger, A125937, concerned a petition for a writ of mandate brought by several organizations dedicated to providing advocacy, education and support services in the field of mental health and several individuals, to compel the State of California to reinstitute the Homeless Adults Program, which was removed by the state budget as the result of a gubernatorial veto in 2007.

First degree murder conviction on provocative act murder theory

People v. Gonzalez, D055698, concerned a challenge to a conviction of defendant on a provocative act murder theory of the attempted murder of an individual and for first degree murder of her boyfriend, who was shot and killed by the individual.

Issue of whether plaintiff was a nonexempt employee in a suit against UPS

Taylor v. United Parcel Serv., Inc., B225089, concerned a challenge to a trial court's grant of United Parcel Service's (UPS) motion for summary judgment on the grounds that plaintiff was exempt executive and administrative employee and therefore not entitled to overtime payments and the related benefits given to nonexempt employees, in plaintiff's suit against his employer, UPS, seeking recovery of unpaid overtime compensation, penalties for missed meal and rest periods, and other related claims.

Appeal of medical dispensaries' appeal of an order to comply with a subpoena

Dana Point Safe Harbor Collective v. Superior Court, S180365, concerned a challenge to the Court of Appeal's dismissal of medical dispensaries' appeal of a trial court's order requiring them to comply with a subpoena issued by a city, requesting documents related to all aspects of the dispensaries' business activities, including their business licenses, payroll arrangements, and purchasing activities, and information about their members.

People v. Shockley, F058249, concerned a challenge to a conviction of defendant for committing a lewd act on a child under the age of 14.  In affirming, the court held that battery is not a lesser included offense to a violation of section 288 because a defendant may violate section 288 without committing a battery, and thus, the trial court did not have a sua sponte obligation to instruct the jury that battery was a lesser included offense to lewd and lascivious conduct.

Reversal of arbitrator's award in favor of plaintiff in breach of contract dispute

Hoso Foods, Inc. v. Columbus Club, Inc., B219940, concerned a challenge to the trial court's confirmation of an arbitrator's award of over $1.2 million in favor of plaintiff, in proceedings arising from a breach of contract suit involving an agreement to lease an assembly hall for a catering event and plaintiff's claim that defendant knew about the city's restrictive ordinances precluding the use of the hall for catered events.

Bautista v. County of Los Angeles, B219035, concerned a challenge to a trial court's denial of plaintiff's petition for writ of mandate seeking to reverse the decision of the Los Angeles County Civil Service Commission approving his discharge as a sworn peace officer for engaging in a personal relationship with a known prostitute and heroin addict in violation of the sheriff's department's prohibited-association policy, and grant of summary judgment in favor of the defendants on plaintiff's federal civil rights claim.

Minor's suit for false arrest and use of excessive force claim

Lujano v. County of Santa Barbara, B218145, concerned a challenge to the trial court's grant of defendants' motion for summary judgment, iIn a minor's suit, through her guardian ad litem, against the County of Santa Barbara and two county sheriff's deputies, claiming false arrest and use of excessive force.

Challenge to the trial court's award of lost profits in breach of a real property sales agreement

Greenwich S.F., LLC v. Wong, A123670, concerned a challenge to the trial court's award of $600,000 in lost profits, among other damages, in favor of the plaintiff, in a breach of a real property sales agreement between the defendant and plaintiff's predecessor in interest. 

Former police officer's FEHA suit

Grobeson v. City of Los Angeles, B207551, concerned a challenge to the trial court's grant of plaintiff's motion for a new trial on the ground of juror misconduct as to the discrimination, retaliation and constructive discharge claims, in a former police officer's suit against the City of Los Angeles and a commanding officer, for unlawful retaliation and discrimination in violation of the Fair Employment and Housing Act (FEHA), and constructive discharge.

Sufficiency of jury instructions for attempted murder charge

People v. Favor, B215387, concerned a challenge to a conviction of  defendant for first degree murder, attempted murder and second degree-robbery.  In affirming, the court held that the trial court's instructions were sufficient with respect to the natural and probable consequences doctrine as applied to attempted willful, deliberated and premeditated murder, as the jury was properly instructed on the elements of attempted murder based on natural and probable consequences, and on the requisite findings for willful, premeditated and deliberate attempted murder.

Parents' wrongful death suit against a social host for death of their son

Ennabe v. Manosa, B222784, concerned a challenge to the trial court's grant of summary judgment in defendant's favor, in plaintiffs' wrongful death action, on behalf of themselves and the estate of their deceased son.

Sentencing challenge in a firearm related conviction

People v. Atencio, C063710, concerned a challenge to a trial court's imposition of 12 years and 4 months' imprisonment upon a defendant convicted for grand theft of a firearm and firearm possession by a felon.

Conviction of defendant for sexual molestation of minors

People v. Ennis, G041481, concerned a challenge to a conviction of defendant for crimes involving sexual molestation of his daughter and stepdaughter, and a sentence of 64-years' imprisonment.

Silver v. Pac. Am. Fish Co., Inc., B214450, concerned a plaintiff's cross-complaint against defendants, raising claims stemming from an asset purchase agreement and a related employment agreement.  In dismissing the trial court's judgment in favor of the defendants in part, the court dismissed plaintiff's challenge to the order awarding attorney fees to defendant  for lack of jurisdiction as plaintiff's purported notice of appeal from the postjudgment order awarding defendant attorney fees is untimely, and his notice of appeal from the judgment does not encompass the separately appealable postjudgment order awarding attorney fees.