Justia California Court of Appeals Opinion Summaries

Carlos and Ana Carachure filed a lawsuit against the City of Azusa, claiming the City violated article XIII D of the California Constitution by charging sewer and trash franchise fees that exceeded the cost of providing those services and using the fees to fund general city services. The City argued that the Carachures failed to exhaust their administrative remedies because they did not follow the statutory procedures for a refund, which require paying the fees under protest and filing a claim for a refund. The trial court agreed with the City and entered judgment in its favor.The Superior Court of Los Angeles County ruled that the Carachures were required to file a claim for a refund with the City before seeking judicial relief, as they claimed the fees were illegally collected or assessed. The court denied the Carachures' petition for a writ of mandate and entered judgment for the City. The Carachures filed a motion for a new trial and to vacate the judgment, arguing the trial court relied on inapplicable property tax cases and the current version of the Revenue and Taxation Code. The trial court denied the motion.The Court of Appeal of the State of California, Second Appellate District, Division Seven, reviewed the case and reversed the trial court's judgment. The appellate court held that the Carachures' constitutional challenge to the City's collection and use of franchise fees seeks relief outside the scope of the statutory claims procedure for refunds. The court concluded that the Carachures did not have to file a claim for a refund before bringing this action, as their challenge was not an action for a refund governed by section 5472 and Article 2 of the Revenue and Taxation Code. The judgment was reversed, allowing the Carachures to proceed with their constitutional claims. View "Carachure v. City of Azusa" on Justia Law

Fell Holdings LLC and Stanyan Holdings LLC, misdescribed as California limited liability companies instead of Delaware limited liability companies, filed unlawful detainer proceedings against Fell Street Automotive Clinic, Stanyan Street Automotive Clinic, and Laurence Nasey. Nasey had lost ownership of two properties in San Francisco during a nonjudicial foreclosure but continued operating his businesses through a leaseback arrangement with the new owners, memorialized in a settlement agreement. The agreement allowed Nasey to repurchase the properties, with stipulated judgments against him if he failed to do so.The trial court entered judgments in favor of Fell Holdings and Stanyan Holdings, which were later enforced. Appellants moved to vacate these judgments, arguing that the misdescription of the plaintiffs' corporate status deprived the court of jurisdiction, rendering all judicial actions void. The trial court denied the vacatur motions.The California Court of Appeal, First Appellate District, reviewed the case. The court held that the misdescription of the plaintiffs' corporate status did not automatically void the judgments. Instead, the issue was whether the discrepancy could be cured by amendment under Code of Civil Procedure section 473, subdivision (a)(1). The court reversed the trial court's orders denying the vacatur motions and remanded the case, directing the trial court to vacate the judgments and enforcement orders without prejudice. The trial court was instructed to consider any motions by the plaintiffs to amend their complaints to correct the misdescription and to address appellants' arguments regarding the release of Nasey's $202,500 earnest money deposit. The parties were to bear their own costs on appeal. View "1215 Fell SF Owner LLC v. Fell Street Automotive Clinic" on Justia Law

In 1997, Kenneth Griggs was convicted by a jury of forcible rape, forcible penetration with a foreign object, and false imprisonment. He admitted to having three prior convictions that were both strikes and serious felonies. The court sentenced him to an aggregate term of 35 years to life, including a determinate term of 10 years for two of the priors.The Sacramento County Superior Court, on its own motion, recalled Griggs' sentence under section 1172.1, which had been amended by Assembly Bill No. 600 to allow courts to resentence defendants if applicable sentencing laws change. The presiding judge noted that courts now have discretion to strike five-year priors, which was not the case when Griggs was originally sentenced. The matter was assigned for a resentencing hearing, and the District Attorney appealed the recall order.The California Court of Appeal, Third Appellate District, reviewed the case. The court concluded that the recall order was not appealable under section 1238, subdivision (a)(5), because it did not affect the substantial rights of the People at this stage. The court noted that the recall order merely permitted a resentencing hearing and did not determine whether Griggs' sentence would change. The court dismissed the appeal, emphasizing that the prosecution's right to appeal in a criminal case is strictly limited by statute and that the recall order did not yet impact the enforcement of the judgment or the prosecution's substantial rights. View "P. v. Griggs" on Justia Law

Steven Gomes filed a lawsuit to invalidate ordinances regulating groundwater use in Mendocino, adopted by the Mendocino City Community Services District (the district). The district argued that Gomes’s claims were barred by res judicata due to a prior case, Gomes v. Mendocino City Community Services Dist. (2019) (Gomes I), which challenged the district’s groundwater management program. The trial court found the ordinances contained an invalid attorney’s fee provision but rejected Gomes’s other claims.In Gomes I, the trial court denied Gomes’s petition challenging the district’s 2007 groundwater measures, but the judgment was reversed on appeal. The appellate court found the district had authority to limit groundwater extraction and that the 2007 measures were invalid due to non-compliance with statutory procedures. The district subsequently adopted new ordinances in 2020, which Gomes challenged in the present case.The California Court of Appeal, First Appellate District, Division Three, reviewed the case. Gomes argued the ordinances imposed fees for groundwater extraction that required voter approval, which the district did not obtain. The court concluded that the claim was not barred by Gomes I, as it involved different ordinances and provisions. The court held that the fees imposed by the district were not for the extraction of groundwater and thus did not require voter approval under section 10710. The judgment was affirmed, except for the invalid attorney’s fee provision. View "Gomes v. Mendocino City Community Services Dist." on Justia Law

Matthew Morrison was convicted of a sexually violent offense and sentenced to prison. Before his release, the Santa Clara County District Attorney filed a petition to commit him as a sexually violent predator under the Sexually Violent Predator Act (SVPA). The trial court found the petition true, declared Morrison a sexually violent predator, and committed him to the State Department of State Hospitals for an indeterminate term.Morrison appealed, arguing that the trial court violated his constitutional rights by not personally advising him of his right to a jury trial and securing a personal waiver of that right. He claimed that the SVPA’s failure to require a personal jury trial advisement and waiver, unlike other civil commitment statutes, violated the constitutional equal protection guarantee.The California Court of Appeal, Sixth Appellate District, reviewed the case. The court determined that Morrison’s equal protection challenge was subject to rational basis review. Since Morrison did not raise the issue in the trial court, the appellate court conditionally affirmed the commitment order and remanded the matter to allow Morrison to raise his equal protection claim before the trial court. The appellate court provided guidance on the principles the trial court should apply when resolving Morrison’s constitutional claim. View "P. v. Morrison" on Justia Law

A.T. was born in May 2024 and tested positive for amphetamine and methamphetamine, as did her mother, M.T. The mother admitted to drug addiction and using methamphetamine throughout her pregnancy. The San Diego County Health and Human Services Agency (Agency) was notified, and A.T. was placed with a relative caregiver, Gloria T. The father, W.M., had a history of domestic violence and substance abuse issues, and had previously been involved in dependency proceedings for his other children, Y.M. and J.G.The Superior Court of San Diego County found that A.T. was a dependent child under section 300 of the Welfare and Institutions Code and ordered her removal from her mother's custody. The court also found that placing A.T. with her father would be detrimental to her well-being, citing his history of domestic violence, ongoing relationship with the mother, and lack of cooperation with the Agency.The father appealed, arguing that section 361, subdivision (d) should apply, which requires a higher standard of proof for removal, and that there was no clear and convincing evidence to support the finding of detriment. The Agency argued that section 361.2, subdivision (a) applied because the father did not have physical custody of A.T. at the time of disposition and sought to assume custody.The California Court of Appeal, Fourth Appellate District, Division One, concluded that section 361.2 applied because the father was the noncustodial parent seeking custody. The court found clear and convincing evidence supporting the juvenile court's finding that placing A.T. with the father would be detrimental to her safety and well-being. The court affirmed the juvenile court's dispositional order, maintaining A.T.'s placement with the relative caregiver and granting the father liberal unsupervised visitation. View "In re A.T." on Justia Law

In 1987, Fred Marion Cain III was charged with the kidnapping, sexual assault, and murder of a six-year-old child. The Solano County Public Defender’s Office was appointed to represent him. The People moved to recuse the Public Defender’s Office, citing a conflict of interest due to its previous representation of Shawn Melton, who was tried twice for the same murder, resulting in mistrials and eventual dismissal. DNA evidence later excluded Melton and implicated Cain. The Public Defender’s Office asserted no conflict existed as they had no connection to Melton’s case files or personnel involved in his defense.The trial court granted the People’s motion to recuse the Public Defender’s Office, expressing concerns about potential conflicts and public perception. The court focused on whether the attorney-client privilege survived Melton’s death and whether the Public Defender’s Office could ethically seek testimony from Melton’s former attorney, Peter Foor. Despite the Public Defender’s Office’s assurances and lack of evidence of any conflict, the court disqualified them based on their stance on the attorney-client privilege and duty of confidentiality.The California Court of Appeal, First Appellate District, reviewed the case. The court concluded that no actual or potential conflict of interest existed. It found no substantial evidence that the Public Defender’s Office possessed confidential information from Melton’s case or that Cain’s defense would be compromised. The court held that the Public Defender’s Office’s ethical stance on not seeking Foor’s testimony did not constitute a conflict of interest. Consequently, the court issued a writ of mandate directing the trial court to vacate its order disqualifying the Public Defender’s Office and to deny the motion to recuse. View "Cain v. Superior Ct." on Justia Law

Pablo Arredondo Padron was hired by Hugo Osoy to install two skylights in Osoy’s home. The project was expected to take 10 to 12 days, with Padron working eight hours each day. However, Padron fell from a ladder and was injured before completing 52 hours of work. Padron sued Osoy for negligence, but the trial court granted summary judgment in favor of Osoy, finding that Padron’s claims were exclusively covered by workers’ compensation.The Superior Court of Los Angeles County ruled that Padron’s employment was covered by workers’ compensation under Labor Code section 3351(d), which includes individuals employed by homeowners for duties incidental to the ownership, maintenance, or use of the dwelling. The court also found that Padron did not fall under the exclusion in section 3352(a)(8)(A), which excludes workers employed for less than 52 hours in the 90 days preceding the injury, because Padron had contracted to work for more than 52 hours.The California Court of Appeal, Second Appellate District, Division One, affirmed the trial court’s decision. The appellate court held that the exclusion in section 3352(a)(8)(A) does not apply when the employment is contracted to be for more than 52 hours, regardless of the actual hours worked before the injury. The court also rejected Padron’s arguments that he was not subject to the workers’ compensation system and that Osoy should be estopped from asserting the exclusivity defense. The court concluded that Osoy had secured workers’ compensation coverage through his homeowners’ insurance policy, which included the required coverage by operation of law. Therefore, Padron’s exclusive remedy was under the workers’ compensation system, and the summary judgment in favor of Osoy was affirmed. View "Padron v. Osoy" on Justia Law

Sarah Ann Miles and Jeffrey Gerstein entered into an oral traditional surrogacy agreement in which Miles agreed to conceive and carry a child using her ova and Gerstein's sperm, with the understanding that Gerstein would be the sole parent. The child, E., was born in December 2013, and both parties adhered to the terms of the agreement for seven years, with Gerstein acting as E.'s sole parent and Miles not assuming any parental role.The Superior Court of Sacramento County found that the oral surrogacy agreement was valid and enforceable, determining that Miles was not E.'s parent under the agreement. The court concluded that the parties had a clear understanding that Gerstein would be the sole parent and that Miles would not be involved in the child's upbringing. The court also found that it was not in E.'s best interest for Miles to enter her life as a parent.The California Court of Appeal, Third Appellate District, reviewed the case and affirmed the lower court's judgment. The appellate court held that traditional surrogacy agreements do not need to be in writing to be enforceable under California law. The court found that the oral agreement between Miles and Gerstein was valid and that the parties' conduct over the years supported the existence of the agreement. The court also determined that the agreement did not violate public policy or constitutional principles, as Miles never intended to be E.'s parent and did not assume a parental role in E.'s life. The judgment was affirmed, and Miles was ordered to pay Gerstein's costs on appeal. View "Miles v. Gerstein" on Justia Law

In 2021, the Napa Foundation for Options in Education (Napa Foundation) filed a petition with the Napa Valley Unified School District (School District) to establish the Mayacamas Charter Middle School. The School District Board of Education denied the petition, and the Napa Foundation then submitted the petition to the Napa County Board of Education (County Board), which also denied it. The Napa Foundation appealed to the State Board of Education (State Board), which reversed the denials. The School District and the California School Boards Association’s Educational Legal Alliance (Educational Legal Alliance) filed petitions for writs of mandate to set aside the State Board’s decision.The trial court granted the writ petitions, finding that the State Board abused its discretion. The court concluded that the District Board did not provide a fair and impartial hearing process and that the County Board’s decision was supported by substantial evidence, including the fiscal impact of the proposed charter school on the School District.The California Court of Appeal, Third Appellate District, reviewed the case. The court found that the State Board’s determination that the District Board failed to provide a fair and impartial hearing was not supported by substantial evidence. The court also found that the County Board’s written factual findings, which detailed the negative fiscal impact of the proposed charter school, were supported by substantial evidence. The court concluded that the State Board’s decision to reverse the County Board’s denial was arbitrary, capricious, and entirely lacking in evidentiary support.The Court of Appeal affirmed the trial court’s judgments, upholding the denials of the charter school petition by the District Board and the County Board. The court emphasized that the State Board failed to properly apply the abuse of discretion standard in its review of the lower boards’ decisions. View "Napa Valley Unified School Dist. v. State Bd. of Education" on Justia Law