Justia California Court of Appeals Opinion Summaries

A debt buyer, Velocity Investments, LLC, purchased consumer debt from Citibank, N.A., which had been charged off as a loss. Velocity sent a written communication to David Chai regarding the debt but failed to include the required notice of Chai’s right to request records, as mandated by the Fair Debt Buying Practices Act. Chai filed a lawsuit individually and on behalf of a putative class, seeking statutory damages under the Act, while disclaiming any concrete injury from the violation.The Santa Clara County Superior Court certified a class of individuals who received similar communications from Velocity. Velocity moved for judgment on the pleadings, arguing that Chai lacked standing because he admitted to no concrete injury. The trial court granted the motion, ruling that the Act requires a consumer to have suffered actual damage to sue. Chai appealed the decision.The California Court of Appeal, Sixth Appellate District, reviewed the case. The court held that the Fair Debt Buying Practices Act does not condition a consumer’s claim for statutory damages on the existence of actual damages. The court found that the Act allows consumers to seek statutory damages for violations of their rights under the Act, regardless of whether they suffered actual damages. The court reversed the trial court’s judgment, allowing Chai to pursue his claim for statutory damages. View "Chai v. Velocity Investments, LLC" on Justia Law

In 2002, Juan Lara was convicted of two counts of attempted murder and sentenced to 29 years and 4 months in prison. In 2023, under section 1172.6, the trial court vacated these convictions and redesignated them as one count of shooting at an inhabited dwelling and three counts of assault with a firearm. Lara appealed the three counts of assault with a firearm.The Superior Court of Los Angeles County initially found sufficient evidence to support the redesignation of Lara’s attempted murder convictions. The court vacated the attempted murder convictions and redesignated one as shooting at an inhabited dwelling and added three counts of assault with a firearm. Lara argued that the evidence supporting the additional assault convictions was inadmissible hearsay and insufficient.The California Court of Appeal, Second Appellate District, reviewed the case. The court affirmed the redesignation of one count of assault with a firearm, finding it supported by substantial evidence. However, it reversed the additional two counts of assault with a firearm, concluding that the trial court lacked the authority to impose these new convictions. The appellate court held that section 1172.6, subdivision (e) does not permit the imposition of uncharged or unlitigated offenses when redesignating a vacated conviction. The court remanded the case for resentencing on the affirmed counts. View "P. v. Lara" on Justia Law

The Town of Apple Valley (TAV) sought to condemn a private water utility system through eminent domain. In November 2015, TAV passed two resolutions of necessity (RON) to acquire the system, which was owned by Carlyle Infrastructure Partners and operated by Apple Valley Ranchos Water (AVR). In January 2016, TAV filed an eminent domain action, and Carlyle sold the system to Liberty Utilities. After a 67-day bench trial, the trial court found that TAV did not have the right to acquire the system and entered judgment for Liberty, awarding attorney’s fees. TAV appealed.The Superior Court of San Bernardino County ruled that Liberty only needed to prove by a preponderance of the evidence that the public necessity elements were not met, and that the administrative record (AR) was irrelevant. The trial court allowed Liberty to present any evidence it deemed relevant, including post-RON evidence, and found in favor of Liberty.The California Court of Appeal, Fourth Appellate District, Division Two, reversed the trial court’s decision. The appellate court held that the trial court applied the wrong standard of review by not using the gross abuse of discretion standard. The trial court also erred by not admitting the AR, failing to start its analysis with the RON’s findings, and improperly allowing Liberty to rely solely on post-RON evidence. The appellate court emphasized that the rebuttable presumption in favor of TAV’s findings should have been the starting point for the trial court’s analysis.The appellate court remanded the case for further proceedings consistent with its opinion, allowing the trial court to determine whether to permit TAV to take the water system, remand the matter to TAV for further administrative proceedings, or hold a new trial applying the correct standards. The judgment and attorney’s fees award were reversed, and TAV was allowed to recover its costs on appeal. View "Town of Apple Valley v. Apple Valley Ranchose Water" on Justia Law

The defendant, Aquil Qadir Lawson, was convicted of murder after shooting Madison Rose Weiss while she was in her car. Lawson, who is Black, argued that the trial court's evidentiary rulings were influenced by implicit racial bias, violating the California Racial Justice Act of 2020. He claimed that the court's decisions emphasized his criminality while minimizing the victim's, who was white. Specifically, Lawson contended that the exclusion of evidence regarding Weiss's illegal activities and the inclusion of his Instagram posts and fraud activities demonstrated racial bias.In the Superior Court of Los Angeles County, the jury found Lawson guilty of second-degree murder and the firearm allegation true. The court excluded evidence of Weiss's involvement in sex work, vaccination card fraud, and other illegal activities, deeming them irrelevant to the case. The court also excluded evidence of a gun found near the crime scene, as it was not connected to the shooting. Conversely, the court admitted Lawson's Instagram posts, which contained statements related to the shooting, and evidence of his involvement in fraud, which was used to impeach his credibility.The California Court of Appeal, Second Appellate District, reviewed the case. The court concluded that the trial court's evidentiary rulings were based on relevance and did not demonstrate implicit racial bias under the Racial Justice Act's preponderance-of-the-evidence standard. The appellate court found that the trial court's decisions were ordinary evidentiary rulings and that Lawson failed to show by a preponderance of the evidence that the rulings were motivated by racial bias or animus. Consequently, the appellate court affirmed the judgment of the Superior Court. View "P. v. Lawson" on Justia Law

The California Air Resources Board (CARB) adopted a regulation in August 2020 to limit emissions from ocean-going vessels while docked at California ports. The Western States Petroleum Association (WSPA) challenged this regulation, arguing that CARB acted arbitrarily and capriciously by setting unfeasible compliance deadlines for emissions control measures. WSPA also claimed that CARB violated the Administrative Procedures Act (APA) by not timely disclosing a commissioned report on tanker emissions and failed to adequately analyze safety hazards and cumulative environmental impacts under the California Environmental Quality Act (CEQA).The Superior Court of Los Angeles County denied WSPA’s petition for a writ of mandate, finding that CARB had the authority to set emissions standards requiring future technology and that WSPA did not prove the necessary technology would not be developed in time. The court also found that CARB substantially complied with the APA’s notice provisions and did not violate CEQA in its environmental analysis.The California Court of Appeal, Second Appellate District, affirmed the lower court’s decision. The appellate court held that CARB’s determination that compliance with the regulation was feasible did not lack evidentiary support. CARB relied on assurances from technology providers that capture and control systems could be adapted for tankers by the compliance deadlines. The court also found that CARB substantially complied with the APA by making the emissions report available before the end of the comment period, allowing WSPA to provide feedback. Finally, the court held that CARB’s environmental analysis under CEQA was adequate, as it provided a general discussion of potential impacts and appropriately deferred more specific analysis to future site-specific reviews. View "Western States Petroleum Ass'n. v. Cal. Air Resources Bd." on Justia Law

A bakery refused to sell a predesigned white cake to a same-sex couple for their wedding reception, citing a policy against providing cakes for same-sex weddings based on the owner's religious beliefs. The California Civil Rights Department (CRD) filed a lawsuit on behalf of the couple, alleging discrimination under the Unruh Civil Rights Act (UCRA). The trial court ruled in favor of the bakery, finding no violation of the UCRA because the CRD failed to prove intentional discrimination and concluded that referring the couple to another bakery constituted full and equal access under the UCRA. The trial court also considered the bakery's First Amendment defenses, concluding that the UCRA compelled the bakery to speak a message about marriage to which they objected.The CRD appealed, challenging the trial court's interpretation and application of the UCRA and its conclusions regarding the bakery's affirmative defenses. The California Court of Appeal reviewed the case and determined that the bakery's policy was not facially neutral and misconstrued the intentional discrimination standard. The court found that the policy was inherently discriminatory as it required a distinction in service based on the sexual orientation of the end user. The court also concluded that referring the couple to another bakery did not satisfy the UCRA's full and equal access requirement.The court further analyzed the bakery's First Amendment defenses, determining that the cake in question did not constitute pure speech or expressive conduct protected by the First Amendment. The court found that the cake was a generic, multi-purpose product and that its preparation and delivery did not convey any particularized message about marriage. Additionally, the court concluded that the UCRA is a neutral and generally applicable law that satisfies rational basis review and does not violate the bakery's free exercise of religion under the federal or state constitutions.The California Court of Appeal reversed the trial court's judgment and remanded the case for further proceedings consistent with its opinion. View "Civil Rights Dept. v. Cathy's Creations" on Justia Law

In the late hours of December 5, 2000, Tramell Vernon Taylor, Darryl McCoy, and Dewayne Richardson planned to rob several men at a nearby motel, including Kendall M., a drug dealer. In the early morning of December 6, 2000, a gun battle ensued at the motel, resulting in Kendall being shot and McCoy being fatally shot. Taylor and Richardson were believed to be members or associates of a gang, while Kendall was affiliated with a rival gang. Extensive ballistics evidence was collected, indicating multiple firearms were involved in the shooting.Taylor and Richardson were convicted of conspiracy to commit robbery and the first-degree murder of McCoy. The jury found true a gang enhancement and a special circumstance that the murder was committed during a robbery. Taylor was sentenced to life without the possibility of parole for the murder, with a concurrent 12-year sentence for the conspiracy. On appeal, the court affirmed the convictions with minor corrections to the abstract of judgment.Taylor filed a petition for resentencing under section 1172.6, which the trial court initially denied without a statement of reasons. On appeal, the denial was reversed, and the case was remanded for an evidentiary hearing. At the hearing, the trial court denied the petition, finding that Taylor could still be convicted of murder under the provocative act doctrine, as he was a major participant who acted with reckless indifference to human life.The California Court of Appeal, Fifth Appellate District, reviewed the case and found that the trial court had misconstrued the elements of the applicable offense. The appellate court held that the trial court's findings did not support a valid theory of murder under current law. The order denying the petition was reversed, and the case was remanded for further proceedings consistent with the appellate court's opinion. View "People v. Taylor" on Justia Law

Plaintiffs Ahmad Skouti and Faten M. Kour purchased a citrus orchard using proceeds from a jury award for the destruction of their grapevines. Under Internal Revenue Code section 1033, taxpayers can avoid recognizing gain from involuntary conversions if they purchase similar property. The Franchise Tax Board (Board) determined that the citrus orchard was not similar to the grapevines and denied the plaintiffs the benefit of section 1033. After exhausting administrative remedies, the plaintiffs filed a complaint in the trial court seeking a tax refund.The Superior Court of Sacramento County reviewed the case. Both parties filed motions for summary judgment. The trial court granted the Board’s motion and denied the plaintiffs’ motion, concluding that the citrus orchard, which included both land and mature trees, was not sufficiently similar to the grapevines to qualify for nonrecognition of gain under section 1033. The plaintiffs appealed this decision.The California Court of Appeal, Third Appellate District, reviewed the case. The court affirmed the trial court’s decision, agreeing with the Board that the properties were not similar under section 1033. The court held that the plaintiffs’ investment in grapevines, which are agricultural fixtures, was not equivalent to an investment in land with citrus trees. The court emphasized that the risks and management associated with grapevines were different from those associated with land containing citrus trees. Therefore, the plaintiffs did not achieve a sufficient continuity of investment to justify nonrecognition of the gain. The judgment of the trial court was affirmed, and the plaintiffs’ appeal was denied. View "Skouti v. Franchise Tax Board" on Justia Law

Officer Victor Quezada and his partner, Officer Diego Millan, were patrolling a known gang territory in Harbor City after dark. They encountered three young men, including L.G., who was 15 years old. Millan recognized one of the men as a gang member. The officers attempted to engage the group in conversation, but L.G. did not respond and avoided eye contact, which made the officers suspicious. They decided to conduct a search, and when they ordered the group to step out and raise their hands, L.G. ran and was later found with a gun.The Superior Court of Los Angeles County ruled that the search was proper and denied L.G.'s motion to suppress the evidence. The court did not address the officers' commands to the youths during the encounter.The California Court of Appeal, Second Appellate District, reviewed the case. The court held that the search was improper because the officers lacked reasonable suspicion to detain L.G. The court emphasized that nervousness and avoiding police interaction do not reasonably suggest criminal activity. The court found that the officers' commands and coordinated approach constituted a show of force that transformed a consensual encounter into a detention without proper justification.The court reversed the judgment, vacated the adjudication, and remanded the matter. The trial court was instructed to vacate its order denying L.G.'s motion to suppress the evidence and to enter a new order granting the motion. View "In re L.G." on Justia Law

The case involves a real estate dispute where plaintiffs, represented by Kenneth J. Catanzarite, alleged they were defrauded into exchanging their interests in an apartment complex for interests in a limited liability company. The dispute was ordered into arbitration at the plaintiffs' request, and the arbitrator ruled in favor of the defendant, Plantations at Haywood, LLC. Plantations then petitioned the court to confirm the arbitration award.The Superior Court of Orange County confirmed the arbitration award and granted Plantations' motion for sanctions against Catanzarite under Code of Civil Procedure section 128.7, imposing $37,000 in sanctions. The court found that Catanzarite's opposition to the petition was frivolous and factually unsupported. Catanzarite appealed the sanctions, arguing he was statutorily allowed to file an opposition and contest the arbitrator's award.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court held that Catanzarite's arguments were without merit and unsupported by existing law or any nonfrivolous extension of existing law. The court found no abuse of discretion in the trial court's sanction award against Catanzarite. Additionally, the court granted Plantations' motion for sanctions on appeal, finding the appeal to be frivolous and without merit. The case was remanded to the trial court to determine the appropriate amount of sanctions to be awarded, with the option for Catanzarite to stipulate to the amount requested by Plantations. The order was affirmed, and Plantations was entitled to its costs on appeal. View "Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC" on Justia Law