CA Unpub Decisions

APPEAL from orders of the Superior Court of Los Angeles County, Hernan D. Vera, Judge. Dismissed.
Emery El Habiby, under appointment by the Court of Appeal, for Defendant and Appellant.
Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Tracey Dodds, Principal Deputy County Counsel, for Plaintiff and Respondent.

The juvenile court assumed dependency jurisdiction over siblings Jan.D., Jo.D., and Jac.D. (collectively, Minors) after finding true allegations that Jan.D. and Jac.D. were experiencing mental health issues and needed counseling but E.D. (Father) failed to ensure they received that treatment. Father appeals the jurisdiction findings, the juvenile court’s disposition order requiring Father to undergo individual counseling, and the juvenile court’s denial of his request to terminate jurisdiction at the disposition hearing. While this appeal has been pending, the juvenile court terminated jurisdiction over Minors and granted Father sole legal a

APPEAL from orders of the Superior Court of Los Angeles County, Stephen C. Marpet, Judge Pro Tempore. Affirmed.

Lelah S. Fisher, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.
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Defendant and appellant Ricardo R. (father) appeals from the juvenile court’s July 14, 2021, orders terminating his parental rights to Kaylie R. (Kaylie, born Sept. 2005) and H.R. (born Apr. 2011). Father’s sole contention is that the court and the Los Angeles County Department of Children and Family Services (DCFS) failed to comply with the requirements of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.).
Finding that the ICWA error was harmless, we affirm

APPEAL from an order of the Superior Court of Los Angeles County, D. Brett Bianco, Judge. Affirmed.
Cristina Gabrielidis, under appointment by the Court of Appeal, for Defendant and Appellant.
Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and David Michael Miller, Deputy County Counsel, for Plaintiff and Respondent.
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INTRODUCTION
Appellant M.B. (Mother) challenges the court’s juvenile custody order, arguing the juvenile court abused its discretion when it ordered monitored visitation for Mother.
We disagree. We find the juvenile court did not abuse its discretion in ordering monitored visitation. We affirm.

APPEAL from an order of the Superior Court of Los Angeles County, Dennis J. Landin, Judge. Affirmed.
Fisher & Phillips, Nicole Golob, Victoria Shin, and Megan E. Walker for Vahi, Inc. dba Valley Hi Toyota, Dick Browning, Inc., Todd Stokes, and Mike Mitsch.
Bosko and David Bosko for Lawrence Ojeda.

 
INTRODUCTION
Vahi, Inc. dba Valley Hi Toyota, Dick Browning, Inc., Todd Stokes, and Mike Mitsch (collectively, the Dealership) appeal from an order denying their motion to compel plaintiff Lawrence Ojeda to arbitrate his employment-related claims against the Dealership. The Dealership contends the trial court erred in determining the arbitration agreements between the parties were unconscionable, and in refusing to sever any provisions the trial court considered unconscionable. For the reasons discussed below, we affirm.

APPEAL from the judgment of the Superior Court of Los Angeles County. Curtis B. Rappe, Judge. Affirmed in part, reversed in part and remanded with directions.
Jason Szydlik, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, William H. Shin, Steven D. Matthews, Michael J. Wise and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

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In May 2017, defendant and appellant Shebeth Wealth assaulted a social worker during a visit with her minor son and then fled with him. She was arrested later that night at her home, and her son was returned to the custody of the Los Angeles County Department of Children and Family Services. Defendant was charged with kidnapping (Pen. Code, § 207, subd. (a)), child detention (§ 278.5), and assault by means of force likely to cause great bodily injury (§ 245, subd. (

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Garcia, Judge. Sentence vacated and remanded with directions.
Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.
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A jury convicted Dametri Key of one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The jury found not true a section 12022.7, subdivision (a) allegation that Key personally inflicted great bodily injury. The trial court sentenced Key to the upper term of four years in state prison.
While this appeal was pending, Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567), amended section 1170 and became effective on January 1, 2022. (Stats. 2021, c

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert B. Broadbelt, Judge. Affirmed.

Grebow & Rubin and Arthur Grebow for Plaintiff and Appellant.

The Enochs Law Group, Jon Alan Enochs and Jeffrey D. Poindexter for Defendant and Respondent.
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Plaintiff and appellant Yong Zhou (Zhou) appeals from a judgment entered in favor of defendant and respondent SJO Investments, LLC (SJO) following the trial court’s order sustaining a demurrer without leave to amend.
We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Original and first amended complaint
On December 20, 2017, Zhou initiated this action against Stewart Title Guaranty Company and SJO. As is relevant to the instant appeal, the complaint and first amended complaint alleged, inter alia, that “[o]n or about June 30, 2017, . . . SJO . . . entered into a written agreement pursuant to which SJO . . . agreed to purchase [certain real property (the property)] from Jose Daniel Santana” (Santana). Th

Proceeding in propria persona, Marlin Lee Gougher (husband) appeals from the judgment dissolving his nine-year marriage to Queen Ann Gougher (wife). Judgment was entered following a court trial conducted via Zoom. Wife was represented by counsel; husband represented himself. The family court divided the parties’ property and ordered that husband make an equalizing payment to wife of $659.47. Although husband requested monthly spousal support of $1,000, the family court did not order spousal support. We affirm.
The Court Trial
The family court’s minutes state: “[Husband] testifies on his own behalf. He is currently incarcerated in a federal prison and requests that he be appointed counsel. The court explains that attorneys are not appointed in a civil dissolution action. He represents that he needs certain documents.”

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig D. Karlan, Judge. Affirmed.

Banafsheh, Danesh & Javid, Olivier A. Taillieu, Jennifer R. Bagosy and Gilda Gazor, for Plaintiffs and Appellants.

Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller, Ernest Slome, Philip N. Blanco and Tracy D. Forbath, for Defendants and Respondents.
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Luis Ayala tragically died while working on a sump pump at a construction site. His parents, Alberto Ayala and Laura Dominga Roque de Ayala (collectively the Ayalas), filed a wrongful death suit against, among others, general contractor Tyler Development Company, Inc. (Tyler). The trial court granted Tyler summary judgment based on the Privette doctrine (Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette)), which holds that a hirer of an independent contractor is typically not liable for the contractor’s negligence. (Id. at pp. 691–692.) Plaintiffs timely appealed. For the reasons below, we affirm.

APPEAL from a judgment and an order of the Superior Court of Los Angeles County, Stephen I. Goorvitch, Judge. Affirmed.

Law Offices of Jude A. Akubuilo, Jude A. Akubuilo; Law Offices of George E. Omoko and George E. Omoko for Plaintiff and Appellant.

DorenfeldLaw, Inc., David K. Dorenfeld and Mazyar H. Mazarei for Defendants and Respondents.
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Appellant Bridget Banks tripped and fell on the sidewalk next to a store owned by respondents Tom Mastorakos and Victoria Mastorakos through their family trust (collectively the Mastorakoses). A negligence lawsuit ensued, ending when the trial court granted the Mastorakoses’ motion for summary judgment. Banks then filed a motion for reconsideration, arguing that the trial court failed to consider a local law that she had cited during the summary judgment proceedings. The trial court ruled that Banks’s motion was meritless and ordered her to pay $960.00 in sanctions.
Banks appeals both the grant of summary judgment and the

APPEAL from an order of the Superior Court of Los Angeles County, Barbara A. Meiers, Judge. Affirmed.
Geragos & Geragos, Ben Meiselas, Justice Turner; Law Office of Christopher G. Hook and Christopher Hook for Plaintiff and Appellant Affiliated Temporary Help.
Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller, Ernest Slome, Joseph C. Campo and Daniel R. Velladao for Defendant and Respondent CTK North American, LLC.
Law Advocate Group, Doron F. Eghbali; Slaughter, Reagan & Cole and Gabriele M. Lashly for Defendant and Respondent HR Map, LLC.
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Affiliated Temporary Help (Affiliated) sued CTK North American, LLC, doing business as CTK North American Insurance Services (CTK), and HR Map, LLC, among other parties, for violation of California’s unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) and financial elder abuse in violation of the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act or Act) (Welf. & Inst. Code, § 15600 et seq.

Susan Saleh appeals from the judgment after the trial court granted the petition dissolving her marriage to Joseph Saleh and ordered her to pay an attorney fee sanction. Susan raises 21 issues on appeal related to the evidence presented at trial. We affirm.

FACTUAL AND PROCEDURAL HISTORY
Susan and Joseph married in 1990. In 2016, Susan petitioned for dissolution of the marriage, citing irreconcilable differences. Over the next four years, Susan made numerous requests for orders related to spousal support, attorney fees, and the division of community property. The trial court ruled on some of these requests, and reserved ruling on others until trial.
Trial commenced in March 2020. At the beginning of trial Susan and Joseph stipulated to the dissolution of their marriage. After receiving evidence and testimony the trial court ordered the division of certain community property assets. It also ordered Joseph to pay Susan $250 in monthly spousal support. The court reserved jurisdiction over S

APPEAL from a judgment of the Superior Court of Los Angeles County. Olivia Rosales, Judge. Affirmed.
Velasco Law Group and Richard J. Radcliffe for Plaintiff and Appellant.
Klinkert, Gutierrez & Neavel and James E. Klinkert for Defendant and Respondent.
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Plaintiff Katherine Sanceri sued her sister, Barbara Anderson, alleging Anderson owed her part of the proceeds from the sale of property that once belonged to their father. The trial court granted summary judgment after finding Sanceri did not have an interest in the property at the time of the sale. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Sanceri’s and Anderson’s father owned a house in Norwalk (the Property), which he quitclaimed to Anderson in January 2013. After their father’s death, Anderson allowed Sanceri to live in the house without paying rent. She told Sanceri their father said the house was “for you girls.”

APPEAL from an order of the Superior Court of Los Angeles County, Marilyn Mordetzky, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
The Appellate Law Firm, Berangere Allen-Blaine and Aaron Myers for Appellant.
Law Offices of Rosenthal & Associates and Lisa F. Rosenthal for Respondent.
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Jenifer F. appeals a three-year restraining order issued pursuant to the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.) that requires her, among other personal conduct restrictions, to stay at least 100 yards away from John G., the father of her now-eight-year-old son, J.G. Jenifer contends her single act of violence was insufficient to support issuance of the restraining order and the family court erred in failing to consider a material change in circumstance before entering the order. We affirm.