Justia California Court of Appeals Opinion Summaries

After the trial court awarded sanctions in the form of attorney fees against real parties in interest for filing a frivolous anti-SLAPP motion, real parties appealed the sanction order. The anti-SLAPP motion concerned allegations in a petition for writ of mandate against the Commission and City regarding a development in an area of Venice filed by several pro se petitioners.The Court of Appeal reversed the sanction order and held that there was a reasonable basis for real parties' anti-SLAPP motion. The court held that the anti-SLAPP motion was not devoid of merit where a reasonable attorney could have concluded that the petition asserted a claim against real parties, and a reasonable attorney could have concluded that the petition asserted claims against real parties arising from protected conduct. View "Rudisill v. California Coastal Commission" on Justia Law

In a third amended complaint, plaintiff-appellant Luis Shalabi sued defendants-respondents Fontana City Police Officer Jason Perniciaro and others for a deprivation of civil rights (42 U.S.C. 1983). Shalabi alleged that on May 14, 2011, Perniciaro wrongfully shot and killed Muhanad Shalabi, who was Shalabi’s father. Shalabi filed his original complaint on December 3, 2013. The trial court dismissed Shalabi’s lawsuit due to it being filed one day beyond the statute of limitations. Shalabi contends the trial court erred by dismissing his lawsuit. The Court of Appeal determined The California statute for calculating the last day of the statute of limitations provided, “The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.” Shalabi’s 18th birthday was the triggering event because that was the first day he could file his lawsuit. Shalabi’s 18th birthday was on December 3, 2011. Excluding that day, the Court found the last day for Shalabi to file his complaint was December 3, 2013. Shalabi filed his complaint on December 3, 2013. Therefore, Shalabi’s complaint was timely. The Court reversed the trial court's judgment. View "Shalabi v. City of Fontana" on Justia Law

The Court of Appeal affirmed the trial court's dismissal of plaintiff's Second Amended Complaint (SAC) against the school district and six of its employees, alleging a pattern of harassment, discrimination and retaliation against her because she engaged in protected activities. The court held that the demurrer to the cause of action entitled, "Retaliation in Violation of Government Code Section 12940(h)" was properly sustained; the trial court did not abuse its discretion in denying leave to add or amend the cause of action alleged for the first time in the SAC; failure to comply with the Government Claims Act bars the cause of action alleging violations of Labor Code section 1102.5; and the trial court did not abuse its discretion when it denied leave to amend despite plaintiff's PTSD. View "Le Mere v. Los Angeles Unified School District" on Justia Law

McGhee pleaded guilty to first-degree burglary. He received a four-year prison sentence. In 2016, the electorate passed Proposition 57, amending the state Constitution, “[a]ny person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term" for his primary offense.” The Department of Corrections created regulations, including Section 3492, “Public Safety Screening and Referral,” which provides that eligible inmates will be screened by the department and referred for parole consideration only if the inmates satisfy eight criteria that require the absence of serious or multiple disciplinary violations while in prison. In 2017, McGhee was advised that although “eligible,” he would not be referred for parole consideration because he did not satisfy the criteria, having, during the past five years, served a Security Housing Unit term that was not “solely for the inmate’s safety” and been found guilty of a serious rule violation (possession of an inmate-manufactured weapon). The court of appeal granted McGhee habeas corpus relief. Creation of a screening and referral process that excludes from parole consideration more than a third of otherwise eligible inmates based on their in-prison conduct is inconsistent with the language of the constitutional amendment. Despite the department's policy considerations, the amendment mandates that these prisoners receive parole consideration if they were convicted of a nonviolent felony and have served the full term of their primary offense. View "In re McGhee" on Justia Law

Plaintiff appealed the probate court's order striking her petition to enforce a no contest clause in a trust under the anti-SLAPP statute, Code of Civil Procedure 425.16, and denying her motion to recover attorney fees.The Court of Appeal agreed with the probate court, and with a recent decision by Division Five of this district, that the anti-SLAPP statute applies to a petition such as plaintiff's seeking to enforce a no contest clause. However, the court held that plaintiff adequately demonstrated a likelihood of success under the second step of the anti-SLAPP procedure. In this case, defendant's judicial defense of the 2007 Amendment to the Trust that she procured through undue influence met the Trust's definition of a contest that triggered the no contest clause. Furthermore, under sections 21310 and 21311, that clause was enforceable against defendant. The court also held that plaintiff provided sufficient evidence that defendant lacked probable cause to defend the 2007 Amendment. The court held that the findings of the probate court concerning defendant's undue influence, which this court affirmed, provided a sufficient basis to conclude that plaintiff has shown a probability of success on her No Contest Petition. Finally, the court held that plaintiff had the contractual right to seek reimbursement of her attorney fees incurred in resisting defendant's appeal of the probate court's ruling invalidating the 2007 Amendment. Accordingly, the court reversed and remanded. View "Key v. Tyler" on Justia Law

In the underlying actions, the People asserted claims under Business and Professions Code section 17501 against real parties in interest and alleged that real parties sold products online by means of misleading, deceptive or untrue statements regarding the former prices of those products. The trial court sustained real parties' demurrer without leave to amend on the ground that the statute was void for vagueness as applied to real parties.The Court of Appeal granted the petition for writ of mandate seeking relief from the ruling regarding the section 17501 claims, and held that real parties failed to demonstrate any constitutional defect on demurrer. Regarding real parties' challenge to section 17501 as an unconstitutional regulation of free speech, as a preliminary matter, the court rejected petitioner's contention that the statute targets only false, misleading or deceptive commercial speech; the plain language of the statute restricts protected commercial speech and thus, the statute was subject to the test for constitutional validity set forth in Central Hudson Gas & Elec. v. Public Serv. Comm'n (1980) 447 U.S. 557, 566; and, because the undeveloped record was inadequate to apply the test, real parties' "free speech" challenge necessarily failed on demurrer. The court also rejected real parties' contention that section 17501 was void for vagueness, and rejected the facial and as-applied challenges. View "People v. Superior Court" on Justia Law

In 1988, at age 17, Palmer pled guilty to kidnapping for robbery and was sentenced to life with the possibility of parole. He became eligible for parole in 1996 and, over the next 19 years, had 10 parole suitability hearings at which parole was denied. While challenging the denial of parole at a 2015 hearing Palmer also sought habeas corpus relief, citing the Eighth Amendment. On December 6, 2018, the Board held a new parole suitability hearing, as ordered by the reviewing court, and found Palmer suitable for release on parole. The court of appeal concluded that the serial denials of parole Palmer experienced resulted in punishment so disproportionate to his individual culpability for the offense he committed, that it must be deemed constitutionally excessive and that Palmer is entitled to release from all forms of custody, including parole supervision. The court noted that such challenges based on the length of prison time already served are rare. View "In re Palmer" on Justia Law

The Court of Appeal affirmed the trial court's denial of defendants' special motion to strike under the anti-SLAPP statute, because information about the views from a private residence affecting only those directly interested in buying or selling that house is not an issue of public interest. The court also held that plaintiff was entitled to attorney fees and therefore reversed the trial court's ruling on that issue. The court also granted plaintiff's motion for sanctions. View "Workman v. Colichman" on Justia Law

Following a murder trial, the foreperson wrote a note stating the jury was deadlocked on count 2, and “[f]rustrations are running high.” A second note stated, “I do not feel the dissenting juror is basing their dissent on reasonable doubt.” In subsequent questioning, the foreperson and Juror 10 indicated dissatisfaction with Juror 11. The judge questioned and discharged Juror 11, under Penal Code section 1089. The court of appeal reversed, noting the risk to a defendant’s right to due process and a fair trial by an unbiased jury. A trial court must “rely on evidence, that in light of the entire record, supports its conclusions” that a juror was actually unable to perform. Juror 11 “fail[ed] to agree with the majority of other jurors [and] persist[ed] in expressing doubts about the sufficiency of the evidence in support of the majority view” and had trouble “articulat[ing] the exact basis for disagreement after a complicated trial,” but these circumstances do not amount to juror misconduct. It is not a ground to discharge a juror because he “relies on faulty logic or analysis” or because he “does not deliberate well or skillfully.” The foreperson and Juror 10 did not claim that Juror 11 said he intended to disregard the court’s instructions or he disagreed with the law as instructed by the court. View "People v. Salinas-Jacobo" on Justia Law

Commissioner, on behalf of preschool teachers employed by the Temple, filed suit alleging that the Temple violated various provisions of the Labor Code by failing to provide its preschool teachers with rest breaks, uninterrupted meal breaks, and overtime pay. The trial court granted summary judgment for the Temple and held that the Commissioner's claims were barred by the ministerial exception.The Court of Appeal reversed and held that the teachers were not "ministers" for purposes of the ministerial exception. In this case, although the Temple's preschool curriculum has both secular and religious content, its teachers were not required to have any formal Jewish education, to be knowledgeable about Jewish belief and practice, or to adhere to the Temple's theology. Furthermore, the Temple did not refer to its teachers as "ministers" or the equivalent, nor did the teachers refer to themselves as such. Therefore, the court remanded for further proceedings. View "Su v. Stephen S. Wise Temple" on Justia Law