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Recent changes
Garrett v. Wal-Mart Stores, LLC and Greyhound Lines, Inc. - Summary Judgment Affirmance
The Texas Court of Appeals affirmed summary judgment for Wal-Mart and Greyhound in a case involving a fatal incident at a Wal-Mart store. The court found that neither Wal-Mart nor Greyhound owed a duty of care to the decedent, nor were their actions a proximate cause of the incident.
Vanesyan v. Aperian - Court affirms denial of pension plan termination request
The California Court of Appeal affirmed an order denying a request to terminate a provision of a dissolution judgment that assigned a pension plan to a former spouse. The court found the appellant's arguments lacked merit and upheld the trial court's decision.
People v. Roberts - Recommitment of Offender with Mental Health Disorder Affirmed
The California Court of Appeal affirmed an order recommitting Eric Patrick Roberts as an offender with a mental health disorder (OMHD) under Penal Code sections 2970 and 2972. The court found no reversible error in the trial court's decision following a bench trial.
In re J.V. - Juvenile Court Wardship and Probation Conditions
The California Court of Appeal affirmed probation conditions imposed on J.V., a minor declared a ward of the juvenile court. J.V. appealed, arguing the conditions were unconstitutional and impossible to comply with while confined, and that his custody credits were misapplied. The court found the appeal lacked merit.
Selby v. Stangl - Court Reverses Elder Abuse Claim Dismissal
The California Court of Appeal reversed in part a trial court's dismissal of claims brought by Rikki Selby against her broker, Greg Stangl. The court found that collateral estoppel did not bar Selby's claims for breach of fiduciary duty and financial elder abuse, and that her allegations were sufficient to state a cause of action for elder abuse.
California Court of Appeal Denies Petition on Probation Program Suitability
The California Court of Appeal denied a petition for writ of mandate filed by Chase Aaron Armstrong, who sought entry into a deferred entry of judgment pilot program. The court upheld the probation department's determination that Armstrong was ineligible due to not residing in Santa Clara County, affirming the trial court's acceptance of this decision.
People v. Lopez - Child Molestation Conviction Reversed
The California Court of Appeal reversed Gerald Lopez's conviction for possession of child pornography and misdemeanor child molestation. The court found insufficient evidence for the child pornography conviction and that Lopez was denied a fair trial, remanding the case for further proceedings.
People v. Padilla - Affirmation of Denial of Resentencing Petition
The California Court of Appeal affirmed the denial of Daniel Carlos Padilla's petition for resentencing under Penal Code section 1172.6. The court found Padilla's contentions without merit and upheld the trial court's order.
People v. Matthews - Assault Conviction Appeal Denied
The California Court of Appeal denied an appeal filed by Michael James Matthews, who was convicted of assault with a deadly weapon and three driving offenses. The court affirmed the lower court's decision and ordered a correction to the abstract of judgment.
Marriage of Ubamos - Spousal Support, Domestic Violence, Property Deed Ruling
The California Court of Appeal affirmed a judgment of dissolution in the Marriage of Ubamos case. The court addressed issues including due process regarding video evidence, enforcement of an interspousal transfer deed, domestic violence findings, and the effective date of spousal support modifications.
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