CA Unpub Decisions

Defendant and respondent Johannes Kaunang filed a complaint against plaintiff and appellant SuperShuttle Los Angeles, Inc. (Company). The complaint was filed with the California Labor Commissioner and alleged Labor Code violations. Company petitioned the trial court for an order compelling arbitration. The trial court denied the petition. Company contends the trial court erred. We reverse the order with directions.

Defendant and respondent Richard Danker filed a complaint against plaintiff and appellant SuperShuttle Los Angeles, Inc. (Company). The complaint was filed with the California Labor Commissioner and alleged Labor Code violations. Company petitioned the trial court for an order compelling arbitration. The trial court denied the petition. Company contends the trial court erred. We affirm the order.

On October 1, 2014, Somerset Homeowners Association (Somerset) filed a petition for a Workplace Violence restraining order on behalf of its employee Sahan Kuruppu, seeking protection from Lynda Hashman, who resides at the Somerset building. Somerset alleged that Hashman threatened, shouted, and cursed at Kuruppu, stalked and physically confronted him, and falsely accused him of misconduct.
On October 1, 2014, the trial court granted a three-week temporary restraining order requiring that Hashman stay at least 10 yards away from Kuruppu.

The People seek review of an October 12, 2016 order of the superior court granting a petition for writ of habeas corpus and motion to dismiss, resulting in the dismissal of a sexually violent predator (SVP) petition filed against real party in interest, Larry Nielsen.
The petition for writ of mandate was filed on October 25, 2016, and we issued a temporary stay order pending our disposition. We now grant the petition for writ of mandate and instruct the superior court to vacate its order dismissing the SVP petition and to reinstate the SVP petition and commitment proceedings.

Appellant Kevin Ray Smith appeals from the trial court’s denial of his motion for modification of sentence. Following review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we dismiss the appeal.

In 1999, a jury convicted appellant Gregory Cortez Robinson of possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)) , and also found true the allegations that he had suffered three prior “strike” convictions: two convictions for first degree burglary in 1986 and 1987, and one conviction for robbery in 1990. Pursuant to the “Three Strikes” law in effect at the time (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)), the trial court sentenced appellant to an indeterminate term of 25 years to life.

In the case of Elsa Doe, the jury found Mohr not guilty of forcible rape and guilty of the lesser included offense of battery. (§ 242.) The jury also found the special allegation of multiple victims of rape (§ 667.61, subds. (b) & (e)) to be not true.
The trial court sentenced Mohr to the low term of seven years on the count of sexual penetration of a child over 14 years old with a foreign object, a concurrent two years on the count of rape, and a stayed term of 180 days on the count of battery. We affirm.

Defendant Christopher Bermudez Herrera fired multiple gunshots from a moving vehicle at two pedestrians on a highway overpass. One of the pedestrians was struck and killed. A jury found Herrera guilty of first degree murder. (Pen. Code, § 187, subd. (a).) The jury also made true findings on firearm and gang allegations. The trial court imposed a total term of 50 years to life.

Defendant is serving a five-year prison sentence after pleading guilty to residential burglary with a person present in the residence and admitting one prison term prior. We affirm.

Defendant and appellant Sheldrick Isiah Clay was charged by second amended information with kidnapping to commit robbery (Pen. Code, § 209, subd. (b)(1), count 1), kidnapping (§ 207, subd. (a), count 2), and second degree robbery (§ 211, count 3). The information also alleged that defendant had one prior strike conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and one prior serious felony conviction (§ 667, subd. (a)(1)). The court subsequently dismissed count 2. A jury found defendant not guilty on count 1 and guilty on count 3. The court found true the prior strike and prior serious felony conviction allegations. It then sentenced defendant to the upper term of five years on count 3, doubled pursuant to the prior strike, plus a consecutive five-year term on the prior serious felony allegation, for a total of 15 years in state prison.
Defendant filed a timely notice of appeal, in propria persona, “based on the sentence plus enhancement.” We affirm.

Todd Tracy Chism appeals the denial of his Proposition 36 (Three Strikes Reform Act of 2012) petition to recall his third strike indeterminate sentence of 25 years to life in prison. (Pen. Code, § 1170.126.) Appellant contends the trial court erred in determining that he was ineligible for recall and resentencing under section 1170.126 based on the court’s factual finding that appellant was armed during the commission of his offenses. We disagree and affirm the denial of appellant’s petition to recall his sentence and resentence him as a second strike offender.

Defendant Steve Ray Brumfield appeals from the judgment and sentence imposed after he admitted violating the terms of his probation. We have conducted an independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and conclude that no arguable appellate issues exist. We therefore affirm the judgment.

George Elex Bridgeforth purports to appeal from an order denying his petition for postconviction discovery on the ground that the superior court abused its discretion by applying the wrong standard in denying the petition. (Pen. Code, § 1054.9.) The trial court’s order is not appealable. Nevertheless, in the interests of justice and judicial economy, we treat the appeal as a petition for writ of mandate, consider the merits of Bridgeforth’s contention, and grant the petition.

A jury convicted Datwan Troy Bethell of kidnapping to commit robbery, second degree robbery, and battery. Bethell appeals, arguing that his convictions of kidnapping to commit robbery are not supported by substantial evidence. We agree, and reverse those convictions.