CA Unpub Decisions

Jasmine Cirujeda Mastache and Patrick Herman were previously married. While a dispute concerning the division of their marital residence was pending in family court, Mastache brought a separate civil action against Herman to quiet title to the residence. Mastache asserted in her civil suit that Herman had quitclaimed the residence to her, and therefore, it was no longer community property that was capable of being divided. She sought a civil judgment declaring her the sole "owner in fee simple" of the residence.

Plaintiff and appellant Paul Kendall's second amended complaint asserts several types of class-wide claims that challenge the billing and collection practices of the health facility operating an emergency room where he received care, defendant and respondent Scripps Health (Scripps). As relevant here, Kendall seeks declaratory relief on contract interpretation theories, and remedies under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.) and the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.; both are sometimes designated the statutory claims). Under the latter theories, Kendall seeks injunctive relief and damages or restitution of amounts charged to emergency care patients, such as himself, who do not have insurance or similar governmental benefits such as Medicare or Medi-Cal.

Appointed counsel for defendant Jose Jesus Salomon asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We note a clerical error in the abstract of judgment and will order a correction of the abstract. Finding no other arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

Defendant Gordon James contends there was insufficient evidence to support his conviction for second degree murder.
We affirm.

A jury found defendant Raymond Joseph Garcia guilty of corporal injury on a cohabitant, J. N., on January 1, 2015 (count one) and battery with serious bodily injury on J. N. on the same date (count two). In connection with count one, the jury found that defendant personally inflicted great bodily injury. The jury could not reach a verdict on other counts of corporal injury and battery on the same victim on December 27, 2014. The court declared a mistrial on those counts and dismissed them on the prosecutor’s motion.

After he was convicted of theft from an elder or dependent adult, defendant Phillip Alan Harvey appeals a number of the mandatory supervision conditions imposed on him.
Specifically, he contends: (1) the conditions requiring him to maintain a residence as approved by the probation officer (condition 4), to obtain written permission from his probation officer before leaving the state (condition 6), and prohibiting him from living in any residence with anyone over the age of 50 years old (condition 66) are unconstitutionally overbroad and vague, and infringe on his constitutional rights to travel and association; (2) the condition prohibiting him from associating with anyone known to be on mandatory supervision, parole or probation, except with the probation officer’s permission (condition 5), is overbroad in that it may include his wife or family members; and (3) the condition compelling him to take prescribed medication is unconstitutionally overbroad (condition 40). The People

Following the trial court’s denial of his motions to traverse and quash a search warrant, defendant Billy Joe Elder pleaded guilty to possession of marijuana for purposes of sale (Health & Saf. Code, § 11359) and admitted being previously convicted of a serious or violent felony (Pen. Code, §§ 1170.12, subds. (a) - (d) & 667, subds. (b) - (i)). After granting defendant’s motion to strike his prior strike conviction, the trial court sentenced defendant to serve three years in state prison.

Defendant Mark Lawrence Brewer entered a guilty plea to infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); count III), assault with a deadly weapon, to wit, a hammer (§ 245, subd. (a)(1); count IV), first degree burglary (§ 459; count VI), felony evading (Veh. Code, § 2800.2, subd. (a); count VIII), and being a convicted felon in possession of a shotgun (§ 29800, subd. (a)(1); count IX). Defendant also admitted that he personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)) and used a deadly weapon, to wit, a hammer (§ 12022, subd. (b)(1)) in connection with count III and that he personally inflicted great bodily injury upon a person 70 years of age or older (§ 12022.7, subd. (c)) in connection with count IV. The trial court imposed an aggregate sentence of 18 years eight months.

A jury found defendant Kenneth Wayne Roberson guilty of being a felon in possession of ammunition. (Pen. Code, § 30305, subd. (a)(1).) Defendant admitted to allegations that he was previously convicted of five strike offenses. (§§ 667, subd. (c) & (e)(1), 1170.12, subd. (c)(1).)

A decedent’s widow appeals from a probate court determination that the decedent’s bequest of his separate investment property (the Linden property) to his adult children from a previous marriage was not adeemed (extinguished) by his lifetime sale of that property and use of its proceeds to purchase a different investment property (the Fairlane property; a trailer park). The court granted the petition filed by the adult children -- Michael Kast, Peter Kast, and Cynthia Dominguez -- under Probate Code section 17200. (Unless otherwise stated, statutory section references that follow are to the Probate Code.) The court found there was a mere “change in form” of the property, such that the normal presumption of ademption did not apply in the absence of proof that the testator intended the gift to fail, and the evidence showed Anthony did not intend the gift to fail. Accordingly, the children are entitled to the Fairlane property.

In the underlying action, pursuant to a plea agreement, appellant Wayne West pleaded no contest to one count of second degree robbery, and was sentenced in accordance with the terms of the agreement. After his court-appointed counsel filed an opening brief raising no issues, appellant submitted a brief. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist. Accordingly, we affirm.

Tommy Cole appeals from an order denying his motion to reduce his 1988 felony conviction to a misdemeanor pursuant to Proposition 47. We affirm.

Appellant D’Andre Marcus Criss appeals from a judgment following convictions on three counts of committing corporal injury on a cohabitant, girlfriend or child’s parent and two counts of forcible rape. Appellant contends his rape convictions should be reversed because the trial court committed prejudicial error in failing to give an instruction on his reasonable, good faith mistake of fact regarding the victim’s consent to sexual intercourse pursuant to People. v. Mayberry (1975) 15 Cal.3d 143 (Mayberry). As explained below, we conclude there was no substantial evidence to support giving a Mayberry instruction. Accordingly, we affirm.

Citigroup Inc. and its subsidiary Banamex USA (collectively Citigroup) appeal the order denying their petition to compel arbitration of Theodore Michaels’s employment-related claims. Citigroup contends Michaels agreed to arbitrate employment disputes and the trial court erred in concluding that agreement was unconscionable and unenforceable. We reverse.