- Criminal: Riverside Superior Judge Dale Wells’ sentence order for resentencing in People v. Garcia (INF1700208/D080080)
- Robert Garcia smoked methamphetamine before driving his friends to the Home Depot in Palm Springs Jan. 29, 2017. He drove past a red light, causing a crash and the death of one of his friends. He was convicted of driving under the influence and second degree murder, and was sentenced to concurrent terms of seven years and 15 years to life. He appealed his conviction, arguing that a recent change in California law requires the trial court to redetermine his sentence. Under the change, California law now tells courts to sentence at lower terms if a defendant has experienced physical trauma that contributed to their offense. Garcia had experienced a brain injury as a child that resulted in brain surgery. He argued the cognitive effect of that injury contributed to the fatal crash. The Court of Appeal agreed that the court should resentence after investigating the brain injury as a possible cause.
- Civil: San Bernardino Superior Judge Gilbert Ochoa’s dismissal affirmed in Sayegh v. Citizens Business Bank (CIVDS1929734/D080013)
- The Court of Appeal agreed with the trial court that a couple’s negligence and financial elder abuse case against Citizens Business Bank lacked merit. Hani and Frances Sayegh bought a property that had contested ownership in 2016. The prior owners of the property were foreclosed on, but they had brought a lawsuit to reclaim it. The prior owners won their case against Citizens Business Bank in 2019, and the court restored ownership to them. The Sayeghs sued the bank. The trial court ruled that the bank had no duty of care to them. It also found that there was no taking of property from the Sayeghs, because they were not the true legal owners.
- Criminal: appeal dismissed regarding San Bernardino Superior Judge Cheryl Kersey’s denial of sentence modification in People v. Mcgee (FSB900485/E079915)
- Alan McGee was convicted of domestic violence and assault in 2009, and sentenced to 25 years to life because it was his third strike. He petitioned to have his sentence reduced in 2022, and the trial court denied his petition. He appealed. The Court of Appeal found that the trial court had no jurisdiction to modify the sentence, and that the Court of Appeal had no jurisdiction to hear the appeal.
- Officer jurisdiction: San Bernardino Superior Commissioner John Burdick’s restraining order reversed in Moncada v. Thiele (CIVMB2100139/E078105)
- Burdick’s order granting a restraining order was reversed after appeal. Jessica Thiele, who was restrained from contacting Shawndra Moncada, did not agree to have the commissioner decide her case. Thiele’s attorney had requested a judge decide the restraining order. The commissioner denied the request, saying there was an implied agreement for him to preside because both parties had agreed to have him decide on a prior restraining order request. The Court of Appeal disagreed.
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