Justia California Court of Appeals Opinion Summaries

Golden Gate, which operates a Berkeley horse racing track, sued Action, an animal rights organization, and individuals who allegedly climbed over a fence surrounding the race track, lit incendiary devices that produced smoke, then lay down on the track with their arms connected using PVC to make removing them difficult. The trespassers prevented scheduled races. The complaint alleged trespass and intentional interference with prospective economic relations. The complaint alleged that “each of the defendants" was "the agent, co-conspirator, aider and abettor, employee, representative, co-venturer, and/or alter ego of each and every other defendant,” but did not specify the circumstances upon which Action’s alleged vicarious liability was based. Action responded by filing an anti-SLAPP (Strategic Lawsuit Against Public Participation, Code of Civil Procedure 425.16) motion, claiming it “had no involvement in the civil disobedience.”The trial court denied the anti-SLAPP motion, ruling that Action failed to show that the complaint challenged protected activity. The court of appeal affirmed. Claims alleging that an advocacy organization is vicariously liable for a third party’s illegal conduct may be subject to a demurrer or other summary challenge, but they cannot be stricken under the anti-SLAPP statute unless the organization’s alleged liability is premised on constitutionally protected activity. The only fair reading of the complaint is that the wrong on which the claims against Action are based was the organization’s alleged involvement in the illegal trespass, not its speech or petitioning activity. View "Golden Gate Land Holdings LLC v. Direct Action Everywhere" on Justia Law

Invoking California Penal Code section 1170.95, defendant Yolanda Harden sought to vacate her conviction of first degree murder. She claimed some 20 years later (and after recent amendments to the statute) that she was not the actual killer. The Court of Appeal found that the jury instructions and verdicts conclusively established, with no factfinding, weighing of evidence, or credibility determinations, that in 2001 Harden was convicted as the actual killer. That made her ineligible for relief as a matter of law, despite her contrary factual claim. Accordingly, the Court affirmed the order summarily denying her section 1170.95 petition. View "California v. Harden" on Justia Law

A jury found defendant Anthony Zabelle guilty of second degree robbery. It also found true the allegation he inflicted great bodily injury during the commission of the robbery. On appeal, defendant challenged his conviction and resulting sentence for two reasons: (1) the trial court wrongly admitted a confession he made to officers following an allegedly coercive interrogation; and (2) based on a recent amendment to Penal Code section 1170 that became effective January 1, 2022, defendant argued the Court of Appeal should remand the case to the trial court for resentencing consistent with the current statutory text. The Court found defendant’s second argument, not his first, persuasive. The Court agreed that premised on section 1170’s new language, remand for resentencing was appropriate. The Court remanded the case to the trial court for resentencing consistent with section 1170’s then-current text and otherwise affirmed. View "California v. Zabelle" on Justia Law

A jury found Hayden Gerson guilty of two counts of attempted voluntary manslaughter a lesser included offense of attempted murder; two counts of assaulting a peace officer with a semiautomatic firearm; shooting at an inhabited house; assault on a peace officer with force likely to produce great bodily injury; making a criminal threat; exhibiting a firearm to a peace officer to resist arrest; two counts of resisting an executive officer; and harming or interfering with a police animal. The jury also found true various enhancements to these offenses. The jury found Gerson to be sane during commission of the offenses. The trial court sentenced Gerson to a total term of 33 years eight months in prison. Gerson attacked two police officers attempting to detain him after he refused to comply with their orders. This attack led to a SWAT standoff and gun battle between Gerson and two SWAT officers. After Gerson choked and bit a police K-9, multiple officers were able to subdue and arrest him. Gerson appealed his convictions, arguing that the judgment had to be reversed because the trial court erred in denying his motion for pretrial diversion based on a mental order. Further, he made arguments relating to the sufficiency of the evidence, and errors in instructing the jury. In the published portion of its opinion, the Court of Appeal concluded that substantial evidence supported the trial court’s finding that Gerson did not meet his burden of showing he suffered from bipolar disorder, a mental disorder that qualified for pretrial diversion. Accordingly, its ruling denying Gerson’s motion for pretrial diversion did not amount to an abuse of discretion. In the unpublished parts of the opinion, the Court rejected Gerson’s remaining arguments. View "California v. Gerson" on Justia Law

After the police saw Ayon commit two minor traffic violations, they stopped him in his car and detained him until a narcotics dog arrived, 12 minutes and 45 seconds into the stop. After the dog indicated the presence of drugs, the police searched the car, wherein they found cocaine, methamphetamine, currency, and a scale. The trial court denied Ayon’s motion to suppress, rejecting his argument that the police unlawfully prolonged the duration of the stop in violation of his Fourth Amendment rights.The court of appeal reversed. “A careful reading of the record shows the stop was actually part of a preexisting drug investigation, and the police used the traffic infractions as a pretext for the stop.” While that fact does not by itself render the search unconstitutional, based on the evidence in the record viewed objectively—including police body camera videos of the stop—the police unlawfully prolonged the traffic stop. One officer’s body camera continued to record for a total of 61 minutes, at which time the stop and search were still underway. View "People v. Ayon" on Justia Law

Plaintiff California Business & Industrial Alliance appealed dismissal after a trial court sustained the demurrer of defendant Xavier Becerra, in his official capacity as Attorney General of the State of California, without leave to amend. Plaintiff, a lobbying group for small and midsized businesses in California, filed this action seeking a judicial declaration that the Labor Code Private Attorneys General Act of 2004 (PAGA) was unconstitutional under various theories, and an injunction forbidding defendant from implementing or enforcing PAGA. On appeal, plaintiff asserted a single theory: that PAGA violated California’s separation of powers doctrine by allowing private citizens to seek civil penalties on the state’s behalf without the executive branch exercising sufficient prosecutorial discretion. The Court of Appeal rejected this theory for two reasons: (1) the California Supreme Court found in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (2014), that “PAGA does not violate the principle of separation of powers under the California Constitution;” and (2) even if Iskanian did not require this result, the Court would reach it anyway through application of California’s preexisting separation of powers doctrine. View "California Business & Industrial Alliance v. Becerra" on Justia Law

The Court of Appeal affirmed the judgment of the trial court convicting Defendant of the involuntary manslaughter of his girlfriend, holding that no violation of Brady v. Maryland, 373 U.S. 83 (1963), occurred in this case.During trial, the county medical examiner opined that the victim had been beaten to death, and the district court relied on that testimony in arguing that Defendant beat his girlfriend to death, thereby committing first-degree murder. On appeal, Defendant challenged the trial court's failure to disclose certain portions of redacted memoranda written by the office of the district attorney as material relevant to impeachment of the medical examiner's trial testimony. The Court of Appeal affirmed, holding that, although portions of the redacted memoranda qualified as impeachment material under Brady, the failure to disclose them was not material to the outcome at trial. View "People v. Deleoz" on Justia Law

Plaintiff filed this defamation case against Defendants based on allegations that Defendants falsely told several reporters that plaintiff had provided explicit nude photographs of one of the Defendants to the National Enquirer. In response, Defendants filed a special motion to strike the complaint under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). To prove his case, Plaintiff provided his own declaration stating that numerous reporters had informed him of Defendants’ accusations against him. The trial court precluded admission of the reporters' statements under hearsay rules. The court then granted judgment in favor of Defendants. Plaintiff appealed.On appeal, the court affirmed the trial court's judgment in favor of Defendants. The reporters' statements involved statements that were not witnessed by Plaintiff. Thus, they were presented by Plaintiff to prove the truth of the matter asserted. Thus, the trial court properly applied the rules against hearsay to exclude the reporters' statements. View "Sanchez v. Bezos" on Justia Law

In 2018, Cuenca pleaded guilty to false imprisonment of his girlfriend and to a related charge of resisting arrest resulting in serious bodily injury to an officer. The court imposed a split sentence: three years of formal probation plus county jail time that amounted to a single day, net of credit for time served. Two years later, while on probation, Cuenca was charged with assault and criminal threats arising out of a physical altercation with a male friend, A jury found Cuenca guilty of a lesser offense of assault. The court revoked probation and sentenced Cuenca to county jail for an aggregate term running a total of five years and two months for the three felony convictions in both cases. Cuenca pursued consolidated appeals.The court of appeal affirmed the convictions and sentence, rejecting an argument that Napa County’s failure to grant county jail inmates the same opportunities that state prison inmates have to earn rehabilitation program credits violated his constitutional right to equal protection. Napa County need not put forward evidence of the actual reasons justifying its policy choice; the challenged classification is presumed to be rational. View "In re Cuenca" on Justia Law

A family who owned and operated a medical practice ("Defendants") suffered $25,000 in damages when a pipe in an adjacent office started leaking. The family hired a lawyer ("Plaintiff") to help them compel the neighboring office owner to pay for the damages. When the neighboring office owner refused to pay, Plaintiff recommended they sue. Two of the three family members agreed, but Plaintiff listed all three parties as plaintiffs. Over the course of the litigation, Defendants paid Plaintiff nearly $68,000 in legal fees. Defendants asked Plaintiff to cease all nonessential work on the case while another family member, a barred attorney, attempted to resolve the matter. Plaintiff refused to allow Defendants' family member to help until she formally substituted in and then settled the case.Plaintiff sued Defendants for breach of contract. Defendants cross-claimed that Plaintiff breached his fiduciary duties, committed malpractice and failed to execute a written fee agreement. Plaintiff then filed his own cross-complaint naming Defendants and their family member-lawyer and Defendants filed this SLAPP action to strike portions of Plaintiff's cross-complaint.The trial court granted the family-member lawyer's motion but denied Defendants' motions. On appeal, the Second Appellate District reversed the trial court's denial of the Defendant's SLAPP motions and remanded for the court to determine whether Plaintiff has demonstrated a probability of prevailing on the causes of action against each individual Defendant. View "Bowen v. Lin" on Justia Law