Respondent Haight Ashbury Free Clinics, Inc., (HAFCI) filed a complaint against appellants Happening House Ventures (HHV) and David E. Smith alleging Smith had violated his fiduciary duties to HAFCI. HHV and Smith filed a motion to strike under the SLAPP statute (Code Civ. Proc., § 425.161), arguing that two of the causes of action HAFCI alleged must be dismissed because they were based in part on constitutionally protected activity. The trial court disagreed and denied the motion. HHV and...  

I. INTRODUCTION... After appellant pled no contest to one count of assault (Pen. Code, § 245, subd. (a)(1))1 and admitted a great bodily injury enhancement, the trial court denied him probation and, instead, sentenced him to three years in state prison. The court also added three years for the admitted enhancement for inflicting great bodily injury (see § 12022.7, subd. (a)), for a total of six years. Appellant filed a notice of appeal, but neither sought nor obtained a certificate of...  

I... INTRODUCTION... Plaintiff Norman Runyan (Runyan) filed a petition to compel arbitration of a grievance concerning the termination of his employment at River Rock Casino (River Rock), pursuant to an arbitration clause in his employment contract.1 River Rock refused to proceed with the arbitration because it had paid Runyan over $200,000 in order to settle all claims, terminate his employment agreement, and to avoid future adversarial proceedings. Runyan appeals from an order dismissing his...  

Appellant Gregory Taylor pled guilty to commercial burglary (Pen. Code, § 459) and admitted a prior strike (Pen. Code, § 1170.12, subd. (a)). He was sentenced to the low term of 16 months, doubled to 32 for the strike... Appellant and his wife were separated and living apart. He entered the flower shop where the wife worked and tried to hug her. She pushed him back and an argument ensued. At some point, appellant grabbed a pair of scissors from the counter, held the scissors near her...  

In an appeal principally involving characterization and distribution of martial property, Nina Ritter (Nina) challenges the trial court's in-kind division of stock that she and her former husband, Tim Armour (Tim), owned in his employer. Nina also disputes the court's characterization of Tim's postseparation profit sharing points and stock purchases as being his separate property instead of community property. We affirm in part and reverse in part... FACTS AND PROCEEDINGS... Tim and Nina met in...  

INTRODUCTION... Plaintiffs Richard and Paula Barnett appeal from a judgment on special verdict in favor of defendant First National Insurance Company of America and an order denying their motion for new trial. Defendant appeals from the judgment and an order awarding costs... On appeal, plaintiffs contend numerous errors led to a judgment erroneous as a matter of law and unsupported by substantial evidence. For this reason, they also contend, the trial court abused its discretion in denying...  

INTRODUCTION... The facts underlying this appeal concern the intricate realm of California's energy crisis of May 2000 to June 2001. The precise legal issue, however, is relatively straightforward: the exhaustion of administrative remedies doctrine. Plaintiffs and appellants are Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas & Electric Company (collectively referred to as the IOUs),1 entities that bought electricity during the crisis. Defendant and...  

Andrea C., a minor, appeals from the order continuing wardship (Welf. & Inst. Code, § 602) entered following a determination that she committed two counts of shooting at an occupied motor vehicle (Pen. Code, § 246; counts 1 & 3) and three counts of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664, 187; counts 2, 4, & 5) with findings as to each of said three counts that a principal personally used a firearm (Pen. Code, § 12022.53, subds. (b) &...  

I. INTRODUCTION... Plaintiff, Kay L. Nelson,1 appeals from a March 29, 2010 judgment of dismissal entered after demurrers to her first amended complaint were sustained without leave to amend.2 The judgment is in favor of defendants, Fox Entertainment Group, Inc., Fox News Network, LLC, News America Incorporated and Twentieth Century Fox Film Corporation (defendants). We conclude plaintiff failed to allege sufficient facts to hold defendants liable for the alleged tortious conduct based upon...  

Los Angeles Metropolitan Medical Center appeals from the order awarding attorney's fees to Dr. Georgia Bode after she prevailed in her administrative mandate action challenging the medical center's decision to suspend, then not renew, her temporary staff privileges. Bode cross-appeals from that order, contending the trial court erred by limiting her fees to those incurred in the current court action, instead of allowing her to recover her fees from both the underlying administrative hearing and...  

In this negligence case the trial court denied plaintiffs' motion to certify a class, finding no community of interest existed and the class action vehicle was not a superior method of resolving the claims of putative class members. Because we conclude the order is based on improper criteria and is not supported by substantial evidence, we reverse and direct the trial court to grant the motion... FACTS AND PROCEEDINGS BELOW... The following allegations, facts, and evidence are drawn from the...  

Albert Salcedo appeals from the judgment entered following a jury trial which resulted in the finding he is a sexually violent predator (SVP) (Welf. & Inst. Code, § 6600 et seq.). He was committed to the custody of the California Department of Mental Health for appropriate treatment and confinement in a secure facility for a period of two years or until such time as he is entitled to be released according to law (Welf. & Inst. Code, § 6604). We affirm... FACTUAL AND PROCEDURAL...  

A jury convicted Edwin Cruz of one count of first degree murder and one count of attempted murder. On appeal, appellant contends: (1) insufficient evidence supported the attempted murder conviction; (2) the trial court erred in granting a motion to consolidate the two charges; (3) the court's refusal to allow a co-defendant to reopen the defense case so that the co-defendant could testify violated appellant's constitutional right to due process and impaired his right to present a defense; and...  

INTRODUCTION... The Dental Board of California (board) revoked Scott Sandarg's dental license after adopting a decision by an administrative law judge. Sandarg filed a petition for a writ of mandate in the superior court seeking reinstatement of his license. The superior court denied Sandarg's petition. We affirm... We publish a portion of this opinion in order to address an issue of first impression: What is the standard of proof for a petition to revoke a dental licentiate's probation? We...  

A jury convicted Johnny and Kevin Mejia each of one count of attempted murder. On appeal, Johnny contends: (1) there was insufficient evidence for the jury to conclude he aided and abetted the attempted murder; (2) the trial court erred in failing to sever the attempted murder charge from a first degree murder charge alleged against only a co-defendant, Edwin Cruz; and (3) the court erred in denying Johnny's motion for a new trial. Kevin contends the trial court violated his constitutional...  

INTRODUCTION... Appellant, Pablo Parra Esquivel, challenges his conviction of grand theft by false pretenses (count 8), on the ground that evidence of reliance by the intended victim, an essential element of the offense, is missing. Appellant contends that because the intended victim, Mercury Insurance Company (Mercury), was fully aware of the falsity of his statements, due to its participation in an undercover sting operation, it did not rely upon the representations in parting with its money....  

A jury convicted Alvaro Jara of one count of drive-by first degree murder, and three counts of attempted murder. The jury found true allegations that the offenses were committed by shooting from a motor vehicle and for the benefit of a criminal street gang. On appeal from the judgment, Jara claims the court committed instructional error by: (1) giving a "kill zone" instruction, (2) failing to instruct on attempted voluntary manslaughter as a lesser included offense of attempted murder,...  

Plaintiff William Larkin, a retired police officer, timely appealed from the judgment entered in favor of defendant City of Los Angeles (City) following a bench trial in his action for disability discrimination, failure to make a reasonable accommodation and failure to engage in the interactive process under the Fair Employment and Housing Act (FEHA). (Gov. Code §1 12940, subds. (a), (m) & (n).) Plaintiff contends he satisfied all the elements for each cause of action. We reverse as we...  

Defendant Christopher Holt was convicted by a jury of two counts of first degree, special circumstance murder and two counts of attempted murder. The jury found true all of the special allegations pleaded in the information, including that Holt committed the offenses for the benefit of, at the direction of, and in association with a criminal street gang, with the specific intent to promote, further and assist in criminal conduct by gang members. (Pen. Code, § 186.22, subd. (b)(1).)1 Holt...  

The issue in this wrongful death case is whether exculpatory language in a rental contract for scuba diving equipment provides a complete defense. The trial court concluded that it does and granted summary judgment on that basis. We disagree and reverse... FACTUAL AND PROCEDURAL SUMMARY... The facts in this case are undisputed. Raffi Huverserian and his son, Ari Huversarian, rented scuba diving equipment from defendant and respondent Catalina Scuba Luv on March 30, 2005. Raffi Huverserian...