Notable Cases

Janice Mazur has successfully prosecuted and defended appeals in all the California Courts of Appeal, the California Supreme Court, the Federal Ninth Circuit Court of Appeal, and the U.S. Supreme Court, many of which have resulted in published decisions. Here is small sample of some of her notable successful cases:

Garibotti v. Hinkle (2015) 243 Cal.App.4th 470 (Fourth Appellate District, Division Three, Santa Ana G048680)
In a case arising out of the estate of comedian Joey Bishop, the Court of Appeal reinstated a vacated Judgment of nearly $500,000 because the trial court lacked jurisdiction to vacate it.

Rodriguez v. City of Santa Cruz (2014) 227 Cal.App.4th 1443 (Sixth Appellate District, San Jose, H038973)
Court of Appeal reversed the trial court’s denial of petition for writ of administrative mandate filed by a Santa Cruz Police Officer who was denied disability due to post traumatic stress syndrome.

Rael v. Davis (2014, 2nd Appellate District, B244897).
The trial court entered a judgment of $1.2 million against a Trustee of a trust due to purported mismanagement. The Court of Appeal reversed, and reduced the judgment to about $100,000.

People v. Mosley (2013) 4th Appellate District, D062033)
Eight felony robbery counts reversed by the Court of Appeal for insufficient evidence, resulting in a reduction of sentence from 33 years down to 14 years.

Haroutunian v. GMAC Mortgage, LLC. (2013, Second Appellate District, B237722)
Court of Appeal reversed dismissal of homeowner’s action for mortgage fraud and unfair business practices against GMAC, finding the homeowner had stated a valid cause of action for intentional misrepresentation and for punitive damages.

Ghaffarpour v. Superior Court (2012) 202 Cal.App.4th 1463 (2nd Appellate District, B234097)
On Petition for Writ of Mandate, Court of Appeal invalidated a Los Angeles Superior Court local rule which shortened the statutory time to file a post-appeal judicial challenge, finding it inconsistent with the Code of Civil Procedure.

Estate of Manuel (2010) 187 Cal.App.4th 400 (2nd Appellate District, B210701).
Sanctions imposed on attorney for client’s misuse of discovery process reversed.

Fernando v. Gnakone (2008, 2nd Appellate District, B194405).
In a dissolution action, judgment in favor of husband was reversed and distribution of assets recalculated resulting in an increased award to wife of between $165,000-$200,000.

Phillips v. Huntington Memorial Hospital (2005, 2nd Appellate District, B167052)
Summary judgment in favor of hospital reversed because there were triable issues of fact as to whether the hospital engaged in subterfuge to evade overtime laws.

Ward v. Unum (1997) 135 F.3d 1276 (Ninth Circuit Court of Appeals) and  Unum v. Ward 119 S.Ct. 1380 (1999) (Supreme Court of the United States)
In ERISA action, Ninth Circuit reversed summary judgment against employee seeking disability benefits finding the claim was untimely. The Ninth Circuit held ERISA did not preempt California’s “notice-prejudice” rule. In a unanimous decision, the U.S. Supreme Court agreed that California’s rule “regulate[d] insurance” within the meaning of ERISA’s saving clause and thus escaped preemption.

In re Stephanie M. (1994) 7 Cal.4th 295 (CA Supreme Court)
The government of Mexico challenged the jurisdiction of the Juvenile Court to terminate parental rights of a Mexican child living in California and its order to place her with a foster family rather than her grandmother in Mexico. The Supreme Court held custody was not required to be given to grandmother under the Uniform Child Custody Jurisdiction Act. The Juvenile Court was not required to give effect to Mexican decree requiring that custody be given to grandmother and Court of Appeal had impermissibly reweighed evidence in determining that custody should be with grandmother rather than American foster parents.

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