Justia California Court of Appeals Opinion Summaries

In October 2021, L.O. petitioned for a restraining order against Defendant pursuant to section 527.6. The petition alleged that Defendant had been harassing L.O. because she is transgender by, among other things, posting disturbing YouTube videos about her, using a cell phone to film her, and committing an assault against her. The court granted a temporary restraining order (TRO) pending an evidentiary hearing. Following the hearing at which L.O. and Defendant testified, the trial court found that L.O.’s testimony was “credible” and that Defendant had demonstrated “that he does, in general, have animus towards transgender people.” Accordingly, the court issued a five-year restraining order in favor of L.O. in accordance with section 527.6. The same day that the restraining order was issued on behalf of L.O., the City petitioned for a workplace violence restraining order against Defendant on behalf of five City employees pursuant to section 527.8. Defendant contends that both restraining orders were erroneously issued.   The Second Appellate District affirmed. The court wrote that it agreed with respondents that Defendant had forfeited his contentions by failing to comply with the applicable rules of appellate procedure. The court explained that Defendant’s briefs do not properly cite the record and are replete with unsupported legal and factual assertions. Because Defendant failed to appropriately cite the record, he forfeited any argument that the challenged orders were erroneously issued. Moreover, the court wrote that Defendant’s briefs do not set forth all the evidence upon which both restraining orders are based. View "L.O. v. Kilrain" on Justia Law

After Nick Martino (Decedent) died intestate, his stepson from a previous marriage, Nick Zambito, petitioned to be deemed an heir. Decedent’s biological children, Tracey Martino and Joseph Martino (together, Objectors), objected. After a bench trial, the probate court determined that Decedent was Zambito’s “natural parent” under Probate Code sections 6540 and 6453, which defined the “natural parent” and child relationship for purposes of intestate succession. The Court of Appeal concluded Zambito had standing to claim natural parentage heirship even though he was not the Decedent’s biological child. The Court further concluded that Probate Code section 6454, which provided a pathway for intestate succession by stepchildren and foster children, did not operate to foreclose other available statutory methods for a stepchild to establish a right to intestate succession. In the absence of any challenge to the sufficiency of evidence to support the probate court’s factual findings under this theory, the Court concluded that Objectors failed to demonstrate any reversible error. View "Estate of Martino" on Justia Law

In the middle of the global COVID-19 pandemic, a jury convicted Dominic Molina of committing various sexual crimes against his girlfriend’s young daughter. Molina contended that COVID-19 safety protocols implemented at trial, particularly the use of masks and socially distanced seating arrangements, deprived him of his constitutional right to a fair trial, and further that his attorney rendered ineffective assistance by asking the trial court to disclose to prospective jurors that he was in custody. The Court of Appeal found neither argument had any merit, and affirmed the judgment. View "California v. Molina" on Justia Law

In October 2010, Quang Van Quan was convicted by jury on three counts of first degree murder, and found true two felony murder special circumstance allegations that the murders took place during the commission of a burglary, robbery, or attempted robbery. Quan petitioned for resentencing pursuant to Penal Code section 1170.95 (now section 1172.6) based on changes made by the Legislature to limit accomplice liability under the felony murder rule and the natural and probable consequences doctrine. The trial court held an evidentiary hearing on Quan’s petition and found Quan was ineligible for resentencing. In his briefing, Quan raised numerous claims of error by the trial court. The Court of Appeal addressed none because the Court found Quan was correct that his constitutional and statutory rights to be personally present at the hearing were violated, and the Court agreed the error was not harmless beyond a reasonable doubt. The Court therefore reversed the trial court’s order denying his resentencing petition and remanded for a new evidentiary hearing. View "California v. Quan" on Justia Law

Plaintiff-appellant, The Riverside County District Attorney, appealed a trial court’s dismissal of three felony charges against defendant-respondent Danny Manzo due to evidence lost during the prosecution’s five-year delay in prosecuting the case after filing charges against defendant. Because there was no evidence that the loss of evidence prejudiced defendant, the Court reversed the order dismissing the complaint. View "California v. Manzo" on Justia Law

An arbitrator found the seller in breach based largely on an assessment of witness credibility. In the arbitrator’s view, defendant Phuong Pham lacked credibility because she used an interpreter during the arbitration proceedings. Reasoning that she had been in the country for decades, engaged in sophisticated business transactions, and previously functioned in some undisclosed capacity as an interpreter, the arbitrator felt that her use of an interpreter at the arbitration was a tactical ploy to seem less sophisticated. The Court of Appeal found here, the arbitrator’s credibility finding rested on unacceptable misconceptions about English proficiency and language acquisition. "These misconceptions, in turn, give rise to a reasonable impression of possible bias on the part of the arbitrator requiring reversal of the judgment and vacating the arbitration award." View "FCM Investments v. Grove Pham, LLC" on Justia Law

In 2016, Coddington was charged with assault by force likely to cause great bodily injury and making a criminal threat, with special allegations of great bodily injury and allegations: that Coddington previously had been convicted of a serious felony, had a prior strike conviction, and had served three prior prison terms. Coddington pleaded guilty to the assault with the special allegation of great bodily injury, admitting the allegations, including one prison prior. The court sentenced Coddington to 13 years: the lower term of two years for the assault, doubled because of the prior strike, plus three years for great bodily injury, plus five years for the serious felony allegation, plus one year for the prison prior.In 2022, Coddington moved to be resentenced, based on the intervening elimination of sentence enhancements for prison priors unless the prior term was for a sexually violent offense, Penal Code 1172.75(a). The court reduced Coddington’s sentence to 12 years, the entire relief Coddington had requested. On appeal, Coddington first argued that he was entitled to further reductions under Senate Bill 1393, giving courts discretion to dismiss or strike a prior serious felony allegation, and Senate Bill 81, which specifies factors that the court must consider when deciding whether to strike enhancements. The court of appeal remanded for a full resentencing, noting that if the court indicates that it will further reduce Coddington’s sentence, the prosecution may withdraw its assent to the plea agreement. View "People v. Coddington" on Justia Law

The San Bernardino County District Attorney (the District Attorney) appealed a trial court order granting Karla Coca’s petition under Penal Code section 1473.7 to vacate a misdemeanor conviction. After review, the Court of Appeal concluded Coca failed to demonstrate by a preponderance of the evidence that “the conviction . . . being challenged is currently causing or has the potential to cause removal or the denial of an application for an immigration benefit, lawful status, or naturalization.” The Court accordingly reversed the order. View "California v. Coca" on Justia Law

Defendant Jose Saavedra appealed an order denying his petition for resentencing pursuant to Penal Code former section 1170.95 (now Pen. Code, § 1172.6). He contended he made a prima facie claim for relief and, therefore, the trial court erred by not issuing an order to show cause and conducting an evidentiary hearing. The Court of Appeal affirmed because the factual basis for Saavedra’s guilty plea established as a matter of law that Saavedra was ineligible for relief. View "California v. Saavedra" on Justia Law

Plaintiff, a former tenant, appeals a judgment of dismissal following the trial court’s granting a motion in limine filed by Defendant Cachuma Village, LLC (Cachuma), her landlord. Plaintiff filed a complaint for, among other things, personal injuries from exposure to toxic mold. Defendant moved in limine to exclude Plaintiff’s medical expert from testifying about the medical causation of her illnesses due to mold.   The Second Appellate District reversed, finding that the trial court erred in excluding Plaintiff’s medical expert’s evidence. The court explained that medical doctors are experts who are in the best position to determine the nature of illnesses experienced by patients. The expert witness here testified that Plaintiff’s “adverse health effects” were the result of her living at the Defendant's residence, where she was exposed to “excess mold growth.” The trial court ruled the expert was not qualified to make a diagnosis of mold as the cause of her illnesses. But the expert’s opinion was based on facts, not on a “leap of logic or conjecture.” Further, the court wrote that medical doctors who examine patients may reach the most probable diagnosis for a patient’s condition through a process of elimination. Here, the expert testified that he conducted “a differential diagnosis” to determine the cause of Plaintiff’s illness. This is a standard method doctors use to eliminate potential causes of illness to be able to reach a diagnosis. Further, the court explained that in addition to being a medical doctor, the expert is also a scientific researcher. His experience in that area provided additional support for his differential diagnosis that exposure to mold caused Plaintiff’s respiratory illness. View "Brancati v. Cachuma Village, LLC" on Justia Law