- Civil: Riverside Superior Judge Chad Firetag’s denial to throw out a case reversed with directions in Cbgm v. Guralnick (CVPS2000676/E078064)
- This suit emerged from tree maintenance at the master-planned community and golf course, Trilogy at La Quinta. The golf course had mistakenly planted acacia trees instead of dwarf acacia trees, resulting in a $500,000 annual maintenance cost. Restaurateur Tom Brown bought the golf course in 2015 for $5.1 million. Brown negotiated to split the cost of the maintenance with the homeowners association. The HOA began rehabilitating the area in a way that Brown said was damaging his ability to run the course profitably. He sued, claiming fraud, misrepresentation and slander of title. The HOA moved to dismiss the suit because their actions during negotiations were protected statements on a public issue. Riverside Superior Court denied the motion, finding that the dispute was not an ongoing controversy. The Court of Appeal disagreed, and ordered the court to continue determining if the case should be dismissed.
- Criminal: Riverside Superior Judge Bernard Schwartz’s conviction affirmed in P. v. Johnson (RIF1904942/E077381)
- Allyson Johnson was convicted of kidnapping, child abduction and child custody deprivation after removing her daughter from contact with the father, Johnson’s former therapist, John A. She appealed her conviction, arguing lack of evidence, that she had a right to custody of her daughter and that the court incorrectly excluded evidence that John violated a law by engaging in his relationship with her and that she should be given contact with her daughter. The Court of Appeal disagreed with most of her claims, but agreed to modify her probation order to allow her daughter to contact her.
- Criminal: Riverside Superior Judge John Molloy’s conviction affirmed in P. v. Mattison (INF047989/E078991)
- Robin Mattison attempted to blow up his house with him, his girlfriend and his ex-mother-in-law in it by disconnecting the gas line from the water heater. Police officers stopped him while he was holding a lit match. He was convicted of two counts of premeditated murder, three counts of attempted murder of a police officer, a count of corporal injury to a cohabitant and one count of attempted arson. He got multiple life terms. He petitioned for resentencing under California’s reform law, Penal Code Section 11790.5. The trial court denied his petition, and he appealed. The Court of Appeal agreed that he should not get relief, and affirmed his sentence.
- Government employee: San Bernardino Superior Judge David Cohn’s denial of writ of mandate affirmed in Bowers v. Cal. State Personnel Board (CIVDS2021071/E077659)
- Correctional Officer Regina Bowers was docked 5% pay for 10 pay periods after an inmate under her watch escaped the exercise yard and almost broke free of the prison. Bowers was unable to fully monitor the yard because she was told to escort prisoners to an indoor water fountain due to an issue with the yard’s water fountain. Bowers petitioned San Bernardino Superior Court to overturn her pay cut, and when the court denied her request, Bowers appealed the decision. The Court of Appeal ruled that the docked pay was reasonable, because Bowers did not contact her supervisors to report she needed assistance due to the fountain issue.
- Criminal: San Bernardino Superior Judge Rodney Cortez’s sentencing affirmed with directions in People v. Buskirk (FMB17000090/E073918)
- Nicholas Buskirk was convicted of sexual penetration and oral copulation with a minor under 10 years old by abusing his friend’s daughter, impeding a police officer by running through the desert when confronted and dissuading a witness from reporting a crime. He was sentenced to 12 years plus 30 years to life. He appealed his conviction, arguing improper handling of evidence, prosecutorial misconduct and erroneous handling by the judge. He also argued his prior strike enhancements should be dropped due to a change in laws. The court disagreed with his challenges, but agreed that his enhancements should be dropped, and ordered the court to resentence Buskirk.
- Criminal: Riverside Superior Judge Walter Kubelun’s denial to vacate conviction dismissed in P. v. Smith (RIF74491/E079569)
- Robert Smith was convicted of first degree murder after admitting to shooting a store owner during a robbery in 1996. He petitioned to vacate his conviction, but his petition was denied. He appealed. The Court of Appeal said he had no arguable issue.
- Family: San Bernardino Superior Judge Carlos Cabrera’s denial to continue trial affirmed in Marriage of Harry And Brown (FAMVS1901549/E076951)
- Maylette Brown and Kendall Harry’s divorce proceedings were set for trial Feb. 24, 2021. Brown’s attorney orally moved to continue the trial three times, arguing that Brown was too ill to attend the trial. The trial court denied each motion, and Brown appealed. The Court of Appeal found that the trial court acted well because motions to continue trial must be made in writing, not orally.
- Criminal: San Bernardino Superior Judge Bridgid McCann’s denial of strike affirmed in part, reversed in part in P. v. (FWV19001599/E077813)
- Alejandro Casarez fatally shot a man after waking up in his friend’s house. He was sentenced to 15 years to life with another 25 years to life on a firearm enhancement. He moved to strike the enhancement. The Court of Appeal directed the trial court to consider striking or lowering the enhancement, due to recent California Supreme Court precedent in People v. Tirado.
- Labor: San Bernardino Superior Judge David Cohn’s dismissal of a case affirmed in Bitner v. Cal. Dept. of Corrections And Rehabilitation (CIVDS1605437/E078038)
- Two licensed vocational nurses working for the California Department of Corrections and Rehabilitation sued the state claiming sexual harassment by prison inmates. The trial court threw out the case after finding that the government cannot be held liable for an injury caused by a prisoner according to California law. The nurses appealed, arguing that law should not apply to Fair Employment and Housing Act suits, and that the evidence did not establish that their injuries were caused by prisoners. The Court of Appeal disagreed with both points.
- Probation: San Bernardino Superior Judge Debra Harris’s independent review affirmed in P. v. Humphrey (FVI22000582/E079237)
- Santonia Humphrey admitted to violating terms of her probation that she was placed on after making criminal threats. She asked the Court of Appeal to perform an independent review of her record. The Court of Appeal found no error and affirmed.
- Criminal: Riverside Superior Judge Mac Fisher’s conviction affirmed in P. v. Barbarin (RIF1407905/E079085)
- Michael Anthony Barbarin Jr. was convicted of murder with gang enhancements. He was sentenced to 25 years to life. He appealed, claiming the trial court abused its discretion by denying his request for probation. The Court of Appeal found no issue.
- Criminal: Riverside Superior Judge Dean Benjamini’s sentencing affirmed in part, reversed in part in P. v. Garza (INF1601917/E077734)
- Anthony Garza was convicted of second degree murder with a firearm and sentenced to 15 years to life plus 25 years for the firearm enhancement. Garza appealed, claiming that the court should have disqualified a key witness, that the court should not have admitted a photograph of the dead victim and that he should be resentenced because the court did not know it could impose a lesser enhancement than 25 years. The Court of Appeal agreed that the court should consider giving Garza a lower enhancement, but disagreed with his other arguments.
- Contract: Riverside Superior Judge Irma Poole Asberry’s bench trial affirmed in Haydx v. Ichida (PSC1800056/E076124)
- An investor placed an order for a $1.2 million hay-bailer and 13 trucks worth $477,000 with Blythe company Hayday Farms. The deal became complicated due to the equipment’s debts, and the investor sued Hayday to convert ownership of the equipment to him. The trial court, in a bench trial, found that the investor had no ownership interest, and ruled against him. He appealed. The Court of Appeal agreed with the trial court.
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