Attorney Justin Kirk Tabayoyon's Legal Cases

Criminal defense

People v. N.S.

Apr 12, 2018

OUTCOME: Motion to Suppress Granted. DUI case with over 0.22 BAC dismissed.

N.S. was arrested and charged with DUI after firefighters responding to a report of a driver slumped over his steering wheel with the vehicle running smelt alcohol on him and contacted the police. Fire ... fighters took the keys out of the ignition after they observed N.S. place the vehicle in reverse by moving the gear shifter. However, the vehicle never moved. Mr. Tabayoyon filed a motion to suppress N.S.'s blood alcohol results (which were greater than twice the legal limit) on the basis that there was no lawful reason to arrest N.S. for DUI since he wasn't driving. The People failed to subpoena the firefighters and only subpoenaed the police officers. Mr. Tabayoyon objected to the police officers testifying to the hearsay statements told to them by the firefighters. Beyond that, neither the firefighters or the police observed the vehicle move, which is a requirement under California law. The people failed to present any circumstantial evidence to prove N.S. was driving. The court granted Mr. Tabayoyon's motion to suppress. The People couldn't proceed without the blood results and immediately dismissed the case.

Criminal defense

People v. C.A.G.

Jun 23, 2017

OUTCOME: Felony Case Dimissed

C.A.G. was charged with felony assault with a deadly weapon, a vehicle. The allegation was that the husband and wife were arguing and the husband followed his wife around town in his car and rammed his ... wife's car with his car on a public roadway. Mr. Tabayoyon conducted an investigation including taking the complaining witnesses' statement using a high definition video recording device. Mr. Tabayoyon turned this new evidence over to the prosecution, and the prosecution promptly dismissed the felony case prior to the preliminary hearing based on the evidence obtained during Mr. Tabayoyon's investigation.

Child custody

R.M. v. G.M.S.

Jun 21, 2017

OUTCOME: Move-Away Request Granted

Mother retained Mr. Tabayoyon to seek a divorce and move-away with the parties' minor child. Following a contested trial (evidentiary hearing), the court granted Mother's request to relocate the child' ... s residence and for Mother to be the primary school time parent. The case was highly contested with both parties represented by counsel. The court took the matter under submission and ruled in Mother's favor. The court also awarded Mother attorney fees and costs payable by Father to Mother.

Criminal defense

People v. A.C.

Jun 20, 2017

OUTCOME: Case Dismissed.

Defendant was charged with two misdemeanor counts: cutting a utility line and vandalism. A complaint was filed but mailed to an incorrect address. Eventually a bench warrant was issued for the defendan ... t's failure to appear. By the time the Defendant was arraigned, over 1 year had passed since the complaint was filed. Mr. Tabayoyon filed a "Serna Motion" seeking a dismissal for lack of a constitutionally guaranteed speedy trial. The court granted the motion and the case was dismissed.

Personal injury

T.T. v C.P./GEICO

May 19, 2016

OUTCOME: Policy Limits Offer from Insurance Company. Kaiser Medical Lien reduced from $115,154 to only $1,500

T.T. was involved in an auto accident. He had pre-existing injuries from a prior accident and required a surgery. He retained Mr. Tabayoyon (who also represented him in the first accident) and received ... a policy limits offer of $30,000 from the insurance company. Mr. Tabayoyon then negotiated with Kaiser Permanente to reduce it's medical lien from $115,154 to only $1,500.

Criminal defense

People v. J.P.G

May 02, 2016

OUTCOME: 4 felonies dismissed in exchange for plea to disturbing the peace with loud noise misdemeanor with no jail.

J.P.G. was an active duty military member charged with 4 felonies: Assault with a deadly weapon (knife), domestic violence, criminal threats, and vandalism. She retained Mr. Tabayoyon. Mr. Tabayoyon c ... onducted investigation, including obtaining a high-definition video recorded statement from the complaining witness. After that, the initial offer was to plead to one of the felonies for 90 jail and dismissal of the others. That offer was rejected and a preliminary hearing set. At the preliminary hearing, the DA changed the offer to a single misdemeanor of disturbing the peace with loud noise (PC415(2) --which has a maximum penalty of only 90 days in jail), no jail time, and informal probation. J,P.G. accepted the offer.

Criminal defense

People v. R.M.

Mar 07, 2016

OUTCOME: Multiple felonies with total prison exposure of 19 years completely dismissed.

R.M. was charged with armed robbery with a handgun and assault with a deadly weapon (a firearm). R.M. had a total prison exposure of over 19 years in the case. He hired Mr. Tabayoyon and Mr. Tabayoyon ... conducted investigation. Mr. Tabayoyon obtained a high definition video recorded statement from one of the alleged victims. Based upon Mr. Tabayoyon's investigation, the District Attorney's office completely dismissed the case.

Personal injury

K.K. vs. Nationwide Insurance

Jan 04, 2016

OUTCOME: $25,000 Policy Limits Recovery

K.K. was involved in a minor auto accident. She retained Mr. Tabayoyon who recovered the policy limits of $25,000 from Nationwide Insurance company.

Civil rights

R.M. vs. City of Livermore

Nov 19, 2015

OUTCOME: Undisclosed settlement amount.

R.M. had his constitutional rights violated by Livermore Police. Livermore denied Mr. Madrid's claim for damages he made with the City of Livermore. Mr. Tabayoyon filed a federal lawsuit and Livermore ... agreed to settle the case and pay R.M. almost immediately.

Criminal defense

People v. W. K.

Oct 26, 2015

OUTCOME: Not Guilty Jury Verdicts

W.K. was charged with domestic violence causing a traumatic condition and child endangerment. Mr. Tabayoyon represented W.K. at his jury trial and the jury found W.K. not guilty of both charged counts ... and the jury was hung on the less included offense of domestic battery. The jury having voted 10-2 to acquit on the lesser included domestic battery charge, the district attorney's office declined to have another trial on the singe hung count and W.K. was never convicted of anything related to the arrest.

Justin Kirk Tabayoyon's Legal Cases (23)

People v. N.S.

People v. C.A.G.

R.M. v. G.M.S.

People v. A.C.

T.T. v C.P./GEICO

People v. J.P.G

People v. R.M.

K.K. vs. Nationwide Insurance

R.M. vs. City of Livermore

People v. W. K.