Attorney Julian Ashley Biggs's Legal Cases

Appeals

Parsons v. Superior Court (2007) 149 Cal. App. 4th Supp. 1

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OUTCOME: Vacated superior court denial of motion to quash

The motion to quash challenged an unlawful detainer complaint on the ground that it failed to allege compliance with the 60-day notice requirement for houseboat evictions. The superior court ruled that ... such challenges must be made only by way of demurrer. In vacating that ruling, the Appellate Division opinion reconciles Delta Imports, Inc. v. Municipal Court (1983) 146 Cal.App.3d 1033, which permitted motions to quash, with Greener v. Workers Compensation Appeal Board (1993) 6 Cal.4th 1028, which included language that some parties interpreted as silently overruling Delta Imports.

Litigation

Poponin v. Virtual Pro, Inc. (06-4019, N.D. Cal. 2006)

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OUTCOME: Dismissal granted with prejudice

The Court agreed with our contention that it lacked jurisdiction to hear the case because the disputed agreement (between an inventor and his business partner ) required that all issues, including the ... applicability of the arbitration clause itself, be decided by the ICC arbitration panel.

Appeals

Gonzalez v. Roadway Express, Inc. (B177637, 2nd Dist. 2005)

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OUTCOME: Affirmance of attorney fee order

Successfully persuaded the Court of Appeal to affirm the award of substantial attorney fees to our clientâ€™s trial attorney as the result of a jury verdict under the Fair Employment and Housing Act, b ... ased on our argument that the trial court did not abuse its discretion in awarding those fees.

Appeals

U.S. v. Kloehn (06-50456, 9th Cir. 2006)

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OUTCOME: Reversal of order denying bail

Successfully moved the Ninth Circuit for bail on appeal - after the District Court had refused to grant it - based on our arguments that the defendant had substantial issues on appeal.

Appeals

People v. Ramirez (2006) 141 Cal.App.4th 1501

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OUTCOME: Reversal of 12-year plea deal

Reversal of conviction and twelve-year sentence based on no contest plea to charges of armed robbery and felony evading based on argument that plea was not â€œknowing and voluntaryâ€ because it was ma ... de while unaware of a potentially exculpatory police report.

Appeals

People v. Tuttle (B186562, 2nd Dist. 2006)

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OUTCOME: Reversal due to prosecutor's discovery violation

Conviction on charges of assault with a deadly weapon, battery with serious bodily injury, and mayhem, reversed following our arguments that the prosecution violated the discovery law, causing appellan ... t unfair prejudice, by waiting until after defense counsel had made its opening statement before disclosing a key rebuttal witness. The Court also agreed with us that the trial court abused its discretion in failing to exclude the rebuttal witnessâ€™s testimony, holding that instructing the jury to disregard the opening statement and take no account of appellantâ€™s failure to testify were inadequate remedies in the circumstances.

Appeals

People v. Sullivan et al. (C052761, 3rd Dist. 2007)

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OUTCOME: reversal of consecutive sentence

The Third District Court of Appeal agreed with our argument - under Neal v. State of California (1960) 55 Cal.2d 11 - that the trial courtâ€™s imposition of a consecutive sentence for our clientâ€™s ba ... ttery conviction violated Section 654â€™s prohibition against multiple punishments for acts â€œincident to one objective,â€ and ordered that conviction stayed, resulting in our client's early release.

Appeals

People v. Franz (C054770, 3rd Dist. 2008)

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OUTCOME: Resentencing due to invalid aggravating factor

The Third District Court of Appeal reversed the trial court's imposition of a suspended prison sentence for burglary after holding that the court abused its discretion by imposing an upper term sentenc ... e based solely on the defendantâ€™s participation in a substance abuse treatment program, an error that was not harmless as it was â€œreasonably probableâ€ that the defendant would obtain a better sentence on remand. The case was remanded for re-sentencing in compliance with the US Supreme Courtâ€™s decision in Cunningham v. California.

Appeals

People v. Robinson (C055640, 3rd Dist. 2008)

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OUTCOME: Reduction of sentence

The Third District Court of Appeal agreed with our due process arguments that (1) appellantâ€™s sentence exceeded the maximum under the plea agreement; (2) the trial court had no authority to impose su ... ch a sentence because it failed to comply with section 1192.5 of the Penal Code; and (3) appellant did not forfeit the issue on appeal - despite trial counselsâ€™ failure to object to the illegal sentence at the sentencing hearing. The court ordered the judgment modified to reflect the appropriate reduced sentence.

Appeals

People v. Sergio L. (C055334, 3rd Dist. 2008)

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OUTCOME: Juvenile sentence reduced

A juvenile case whose lengthy and complex procedural history contributed to confusion during sentencing. In the end, however, the Third District Court of Appeal agreed that the juvenile court had misc ... alculated â€œthe maximum term of physical confinementâ€ by using the wrong upper-term for the base count, and also had failed to exercise its discretion by setting that maximum term of physical confinement without properly considering the â€œfacts and circumstances,â€ as it was required to do under Welfare and Institutions Code, section 731, subdivision (b). The case has now been remanded for re-sentencing.

Julian Ashley Biggs's Legal Cases (10)

Parsons v. Superior Court (2007) 149 Cal. App. 4th Supp. 1

Poponin v. Virtual Pro, Inc. (06-4019, N.D. Cal. 2006)

Gonzalez v. Roadway Express, Inc. (B177637, 2nd Dist. 2005)

U.S. v. Kloehn (06-50456, 9th Cir. 2006)

People v. Ramirez (2006) 141 Cal.App.4th 1501

People v. Tuttle (B186562, 2nd Dist. 2006)

People v. Sullivan et al. (C052761, 3rd Dist. 2007)

People v. Franz (C054770, 3rd Dist. 2008)

People v. Robinson (C055640, 3rd Dist. 2008)

People v. Sergio L. (C055334, 3rd Dist. 2008)