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    • Franklin D. Elia

    See more on Franklin D. Elia

    Associate Justice (Ret)
    ADR Services Inc.
    Days: M-F

    San Jose

    Joined ADR Services in January 2023; retired June 30, 2022 from the 6th District Court of Appeal, appointed by Gov. George Deukmejian in 1988; elevated to the Santa Clara Superior Court in 1986; appointed to the Santa Clara Municipal Court, 1983; senior assistant city attorney, Palo Alto, 1980; deputy state attorney general, 1975



    Judicial Profiles
    Title Court Published
    Franklin D. Elia 6th District Court of Appeal (San Jose) Sep. 2, 2013

    Rulings
    Case Category Published
    Chevron U.S.A., Inc. v. County of Monterey
    affirmed
    		 Municipal Law Aug. 3, 2023
    P. v. Ramirez
    author
    		 Criminal Law and Procedure May 26, 2022
    People v. Burgos
    dissenting
    		 Criminal Law and Procedure Apr. 19, 2022
    Chaganti v. Superior Court (Cricket Communications)
    author
    		 Judges Dec. 29, 2021
    Modification: People v. Greeley
    author
    		 Criminal Law and Procedure Nov. 1, 2021
    People v. Greeley
    author
    		 Criminal Law and Procedure Oct. 21, 2021
    Chevron U.S.A. v. County of Monterey
    author
    		 Constitutional Law Oct. 14, 2021
    People v. Dawson
    author
    		 Criminal Law and Procedure Sep. 30, 2021
    People v. Hoang
    author
    		 Criminal Law and Procedure Jul. 26, 2021
    People v. Pineda
    author
    		 Criminal Law and Procedure Jul. 21, 2021
    Superior Court v. County of Alameda
    author
    		 Government Jun. 21, 2021
    People v. Nunes
    dissenting
    		 Criminal Law and Procedure May 10, 2021
    Villanueva v. Fidelity National Title Company
    reversed and remanded
    		 Insurance Mar. 19, 2021
    People v. Taylor
    author
    		 statutory_interpretation Jan. 26, 2021
    Modification: People v. Mackreth
    author
    		 statutory_interpretation Jan. 7, 2021
    People v. Martinez
    author
    		 Constitutional Law Jan. 4, 2021
    People v. Mackreth
    author
    		 statutory_interpretation Dec. 11, 2020
    People v. Lopez
    author
    		 statutory_interpretation Nov. 3, 2020
    Marriage of Ankola
    concurring
    		 Family Law Aug. 14, 2020
    In re Chavez
    author
    		 Criminal Law and Procedure Jul. 2, 2020
    Nguyen v. Ford
    concurring
    		 Torts May 15, 2020
    People v. Guerrero
    reversed and remanded
    		 Criminal Law and Procedure May 1, 2020
    Pott v. Lazarin
    concurring
    		 Civil Procedure Apr. 2, 2020
    People v. Wetle
    author
    		 Criminal Law and Procedure Dec. 18, 2019
    People v. Trout-Lacy
    author
    		 Criminal Law and Procedure Dec. 17, 2019
    Short v. Superior Court (Santa Clara)
    author
    		 Criminal Law and Procedure Dec. 4, 2019
    People v. Khan
    author
    		 Criminal Law and Procedure Oct. 30, 2019
    Ruiz-Martinez v. Super. Ct.
    author
    		 Criminal Law and Procedure Oct. 22, 2019
    Klugman v. Superior Court
    author
    		 Criminal Law and Procedure Sep. 18, 2019
    Goldstein v. Cal. Unemployment Ins. Appeals Bd.
    author
    		 Administrative Agencies May 2, 2019
    Drulias v. 1st Century Bancshares, Inc.
    author
    		 Civil Procedure Dec. 27, 2018
    Alliance of Concerned Citizens v. City of San Juan Bautista
    author
    		 Civil Procedure Nov. 28, 2018
    Genisman v. Hopkins Carley
    author
    		 Civil Procedure Nov. 16, 2018
    Villanueva v. Fidelity National Title Company
    author
    		 Insurance Sep. 11, 2018
    People v. Bear
    author
    		 Criminal Law and Procedure Jul. 25, 2018
    In re J.R.
    author
    		 Juveniles Apr. 30, 2018
    SJJC Aviation Services LLC v. City of San Jose (Signature Flight Support Corp.)
    author
    		 Civil Procedure Jun. 22, 2017
    Title Court Published
    Franklin D. Elia 6th District Court of Appeal (San Jose) Sep. 2, 2013
    Case Category Published
    Chevron U.S.A., Inc. v. County of Monterey
    affirmed
    		 Municipal Law Aug. 3, 2023
    P. v. Ramirez
    author
    		 Criminal Law and Procedure May 26, 2022
    People v. Burgos
    dissenting
    		 Criminal Law and Procedure Apr. 19, 2022
    Chaganti v. Superior Court (Cricket Communications)
    author
    		 Judges Dec. 29, 2021
    Modification: People v. Greeley
    author
    		 Criminal Law and Procedure Nov. 1, 2021
    People v. Greeley
    author
    		 Criminal Law and Procedure Oct. 21, 2021
    Chevron U.S.A. v. County of Monterey
    author
    		 Constitutional Law Oct. 14, 2021
    People v. Dawson
    author
    		 Criminal Law and Procedure Sep. 30, 2021
    People v. Hoang
    author
    		 Criminal Law and Procedure Jul. 26, 2021
    People v. Pineda
    author
    		 Criminal Law and Procedure Jul. 21, 2021
    Superior Court v. County of Alameda
    author
    		 Government Jun. 21, 2021
    People v. Nunes
    dissenting
    		 Criminal Law and Procedure May 10, 2021
    Villanueva v. Fidelity National Title Company
    reversed and remanded
    		 Insurance Mar. 19, 2021
    People v. Taylor
    author
    		 statutory_interpretation Jan. 26, 2021
    Modification: People v. Mackreth
    author
    		 statutory_interpretation Jan. 7, 2021
    People v. Martinez
    author
    		 Constitutional Law Jan. 4, 2021
    People v. Mackreth
    author
    		 statutory_interpretation Dec. 11, 2020
    People v. Lopez
    author
    		 statutory_interpretation Nov. 3, 2020
    Marriage of Ankola
    concurring
    		 Family Law Aug. 14, 2020
    In re Chavez
    author
    		 Criminal Law and Procedure Jul. 2, 2020
    Nguyen v. Ford
    concurring
    		 Torts May 15, 2020
    People v. Guerrero
    reversed and remanded
    		 Criminal Law and Procedure May 1, 2020
    Pott v. Lazarin
    concurring
    		 Civil Procedure Apr. 2, 2020
    People v. Wetle
    author
    		 Criminal Law and Procedure Dec. 18, 2019
    People v. Trout-Lacy
    author
    		 Criminal Law and Procedure Dec. 17, 2019
    Short v. Superior Court (Santa Clara)
    author
    		 Criminal Law and Procedure Dec. 4, 2019
    People v. Khan
    author
    		 Criminal Law and Procedure Oct. 30, 2019
    Ruiz-Martinez v. Super. Ct.
    author
    		 Criminal Law and Procedure Oct. 22, 2019
    Klugman v. Superior Court
    author
    		 Criminal Law and Procedure Sep. 18, 2019
    Goldstein v. Cal. Unemployment Ins. Appeals Bd.
    author
    		 Administrative Agencies May 2, 2019
    Drulias v. 1st Century Bancshares, Inc.
    author
    		 Civil Procedure Dec. 27, 2018
    Alliance of Concerned Citizens v. City of San Juan Bautista
    author
    		 Civil Procedure Nov. 28, 2018
    Genisman v. Hopkins Carley
    author
    		 Civil Procedure Nov. 16, 2018
    Villanueva v. Fidelity National Title Company
    author
    		 Insurance Sep. 11, 2018
    People v. Bear
    author
    		 Criminal Law and Procedure Jul. 25, 2018
    In re J.R.
    author
    		 Juveniles Apr. 30, 2018
    SJJC Aviation Services LLC v. City of San Jose (Signature Flight Support Corp.)
    author
    		 Civil Procedure Jun. 22, 2017
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