CA Court of Appeal Opinions

Ribstein v. Marx - Civil Harassment Restraining Order Appeal

The California Court of Appeal, Second Appellate District, affirmed an order granting a civil harassment restraining order (CHRO) against the appellant. The case involves allegations of fraud and a subsequent petition for a CHRO.

People v. Quijano - Non-Precedential Opinion

The California Court of Appeal affirmed a trial court's denial of a resentencing petition filed by Maria Quijano under Penal Code section 1172.6. The court found Quijano ineligible for relief as a matter of law based on her conviction for conspiracy to commit murder and first-degree murder with a special circumstance finding.

De La Torre v. CashCall - Unconscionable Interest Rates Ruling

The California Court of Appeal affirmed a trial court's ruling that CashCall's high interest rates (96%-135%) on subprime loans were unconscionable. The court ordered restitution for class members and enjoined collection efforts on these loans.

Pomona Valley Hospital Med. Center v. Kaiser Foundation - Medical Reimbursement Dispute

The California Court of Appeal reversed in part and remanded a judgment concerning a medical reimbursement dispute between Pomona Valley Hospital Medical Center and Kaiser Foundation Health Plan. The case involves approximately $66 million in asserted unreimbursed emergency medical services provided by the hospital to Kaiser members.

Semaan v. Mosier - California Court of Appeal Opinion Modification

The California Court of Appeal filed an order modifying its opinion in Semaan v. Mosier, clarifying the scope of quasi-judicial immunity for court-appointed receivers. The modification addresses arguments related to statutory immunity and common law immunity, confirming there is no change in the judgment.

People v. Bogan - Criminal Appeal

The California Court of Appeal modified the sentence of Ladrill Bogan, vacating a $5,000 restitution fine pursuant to recent statutory amendments. The court affirmed the modified sentence of 50 years to life, finding no abuse of discretion in denying a motion to dismiss a prior strike conviction.

People v. Sheed - Motion to Vacate Conviction

The California Court of Appeal reversed an order denying Donny Kay Sheed's motion to vacate his 1989 conviction based on newly discovered evidence of factual innocence. The court found Sheed was entitled to a hearing on his motion.

County of Sacramento v. NKS Real Estate Holdings CA3 - Real Estate Development

The California Court of Appeal affirmed a trial court's judgment against NKS Real Estate Holdings, Inc. and its attorney for creating a nuisance per se by constructing and leasing an accessory dwelling unit without obtaining a building permit from Sacramento County. The court found the defendants' arguments regarding standing, ordinance conflict, and nuisance per se lacked merit.

People v. Harvey - Criminal Appeal

The California Court of Appeal affirmed a trial court's denial of a petition for recall and resentencing filed by James Earl Harvey. Harvey argued that denying resentencing mechanisms to defendants who were 18 at the time of their offenses, while providing them to those under 18, violated equal protection. The court rejected this argument, affirming the original sentence.

People v. Roeschen - Criminal Appeal

The California Court of Appeal, Fourth Appellate District, Division Two, has issued a non-precedential opinion in the case of People v. Roeschen. The court agreed with the parties to reverse one conviction and remand for resentencing.