CA Unpub Decisions
California Unpublished Decisions
A municipal employee was terminated after falsely accusing a coworker of criminal misconduct. The employee invoked an internal appeal process and an administrative hearing officer upheld the termination. The employee unsuccessfully challenged the administrative decision in a petition for a writ of mandate in the trial court. The denial of the petition was affirmed on appeal. The employee has now brought a wrongful termination lawsuit against the city and his former coworkers. The trial court dismissed the lawsuit on a motion for summary judgment, reasoning that the employee is estopped from relitigating issues adjudicated against him in the administrative proceeding. Court affirm.
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Appellant was charged with possession of a firearm by a convicted felon. After the trial court denied appellant's motion to suppress the firearm, he pled no contest to the charged offense and admitted a prior robbery charged as a strike. The trial court then sentenced him to a prison term of four years, based on double the midterm of two years pursuant to the Three Strikes law.
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After a jury trial, appellant was convicted of second degree murder of his wife. On appeal, appellant argues that his due process rights were compromised because the jury was not instructed to consider whether he failed to form the specific intent to kill due to his voluntary intoxication. Because the jury instructions urged were not warranted by the evidence, court find no error. The judgment is affirmed.
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Appellant challenges the juvenile court's jurisdictional and dispositional orders sustaining allegations in a November 2005 petition removing his daughter from his control. Appellant challenges both the legal adequacy of notice given to him and the sufficiency of evidence supporting the juvenile court's rulings. Concluding that his illness and medical incapacity were not reason to remove minor when she was placed by the Department with the aunt whom Father had arranged to watch her, court reverse the orders.
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Father appeals the jurisdictional and dispositional orders, contending that appellant did not have a history of substance abuse, was not then using drugs, and had not placed minor at a significant risk of harm. Court affirm. The juvenile court orders are supported by substantial evidence.
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Last listing added: 06:28:2023