CA Unpub Decisions

Satish Shetty purchased a condominium from a homeowners’ association that had foreclosed on a lien for unpaid dues. When Shetty purchased the property, a preexisting debt—a mortgage loan secured by a deed of trust on the condominium—was in default. He soon received notice of a trustee’s sale. Shetty now sues the beneficiary of the trust deed and its assignee to prevent them from foreclosing on the property.
Shetty has failed to show on appeal that his claims have merit. He is not a bona fide purchaser (BFP) because he purchased the property with constructive knowledge of the senior lien. He has no standing to challenge assignments of the loan instruments because he is not a party to the loan. The trial court properly dismissed his lawsuit after granting summary judgment in favor of respondents.

Plaintiff CSAC Excess Insurance Authority (hereafter CSAC), a joint powers authority (see Gov. Code, § 6500 et seq.) formed to cover the workers’ compensation obligations of its member counties through a combination of risk retention and excess insurance, ultimately sought a declaration in the present action that its workers’ compensation payments for two of its members in excess of the agreed retention ($500,000) with a now defunct insurer—the Protective National Insurance Company of Omaha (hereafter Protective)—are within the statutory definition of unpaid “covered claims” that defendant California Insurance Guarantee Association (hereafter CIGA) has an obligation to reimburse (Ins. Code, § 1063 et seq.). On stipulated facts, CSAC sought summary judgment. The trial court issued a ruling in February 2016 that CIGA had breached its statutory duty to reimburse CSAC for the excess workers’ compensation coverage due under the Protective policy.

In 2006, at the full expanse of the real estate bubble, Larry Rumbeck (Rumbeck) sold the assets of his solely owned real estate brokerage, BP Realty, Inc. (BP), to Endsley, Inc. (EI), whose sole shareholders were William Endsley (Endsley) and Neil Weese (Weese). Endsley and Weese personally guaranteed the $800,000 note that EI executed in BP’s favor. By 2010, the bubble had burst and EI was over $2.4 million in debt, which included the note to BP. EI sold its assets to Premier Valley, Inc., dba Century 21 M&M and Associates (PVI) for an amount significantly less than its debts.

Dean Patrick Weintraut was convicted of one count of making a criminal threat (Pen. Code, § 422, sub. (a) ), with the additional finding he used a dangerous or deadly weapon (a knife) at the time. He was also found guilty of simple misdemeanor assault based on the same incident. He was subsequently sentenced to three years of incarceration, two years (the mid term) for the criminal threat and one year for the weapon enhancement. The court suspended sentence for the misdemeanor.

On August 9, 2011, appellant Bobby Levell Webber pled no contest to one count of resisting an executive officer (Pen. Code, § 69) and one count of corporal injury to a spouse/cohabitant/child’s parent (§ 273.5, subd. (a)). He also admitted suffering a “strike” within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). With the consent of the prosecutor and in the interest of justice, the trial court imposed but suspended a nine- year, four-month prison sentence. Appellant was placed on formal probation for five years.
On November 27, 2012, appellant admitted violating the terms of his probation. The minute order memorialized that the trial court allowed appellant “one final opportunity on probation after he serves 365 in county jail.”

Salvador Velgara appeals from the judgment entered after pleading guilty to possession of methamphetamine for sale (count 1; Health & Saf. Code, § 11378) while personally armed with a firearm (Pen. Code, § 12022, subd. (c)) and while on bail (§ 12022.1, subd. (b)), possession of a controlled substance while armed with a loaded operable firearm (count 2; Health & Saf. Code, § 11370.1, subd. (a)), possession of marijuana for sale (count 3; Health & Saf. Code, § 11359), possession of a firearm by a felon (count 4; § 29800, subd. (a)(1)), possession of an assault weapon (count 5; § 30605, subd. (a)), and destroying and concealing evidence (count 6; § 135). On count 5 appellant admitted a prior strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subds. (a)(1) & (c)(1).) The trial court sentenced appellant to three years, eight months state prison.

A jury convicted defendant James L. Spencer III of one count of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The court sentenced him to the low term of two years plus an additional five years for a serious prior felony under section 667, subdivision (a), for a total of seven years.
Defendant contends the trial court erred in answering the jury’s questions and providing further instruction regarding deliberations when it indicated it was divided. Additionally, defendant argues there was insufficient evidence to support the verdict because the victim’s testimony was inherently improbable. We disagree and affirm the judgment.

On November 29, 2015, defendant Luis Ortega held his live-in girlfriend, Sara L., and their three children (at the time of trial, 13-year-old M., 11-year-old O., and 8-year-old N.) hostage in their house on Normandie in Los Angeles at knifepoint, turned on the gas burners of the stove, and would not let anyone leave. Sara and the children were rescued by responding police officers and defendant was arrested. A jury convicted defendant of one count of criminal threats against Sara (count 1; Pen. Code, § 422, subd. (a)), four counts of false imprisonment by violence (counts 2-5; § 236) with use of a knife (§ 12022, subd. (b)(1)) as to Sara and the children, and three counts of child abuse as to the children (counts 6-8; § 273a, subd. (a)). The trial court sentenced defendant to 7 years and 4 months in state prison.

Sergius Apostolos Orloff appeals from an order revoking his probation and imposing a previously suspended prison sentence of eight years, eight months. We affirm.
Procedural Background
After a jury trial, appellant was convicted of making a criminal threat (Pen. Code, § 422) and attempting, by means of a threat, to deter an executive officer from performing his duties. (§ 69.) The trial court found true allegations that he had been convicted of a prior serious felony within the meaning of section 667, subdivision (a)(1), and a prior serious or violent felony within the meaning of California’s “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).)

A jury convicted defendant Cuong Huu Nguyen of one felony count of unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)), and he admitted to two prison priors for the same offense. The trial court sentenced him to five years' imprisonment and imposed a restitution fine of $1,500. On appeal, defendant contends we should reduce his felony conviction to a misdemeanor because he claims Proposition 47, the Safe Neighborhoods and Schools Act of 2014 (Proposition 47), reclassified section 10851 as a form of petty theft when the value of the stolen vehicle does not exceed $950, and because the People failed to prove that the value of the vehicle he took exceeded this threshold. He further contends the trial court abused its discretion in denying him a "split sentence," and in imposing a restitution fine of $1,500. We affirm.

In 2013, pursuant to a negotiated plea agreement, defendant and appellant Erik Tuan Nguyen pled no contest to one count of felony theft of access card account information (Pen. Code, § 484e, subd. (d)). Defendant also admitted that he had suffered two prior prison terms (§§ 667.5, subd. (b)). In return, the remaining allegations were dismissed and defendant was sentenced to a split term of two years in county jail and three years on mandatory supervision on various terms and conditions.
Subsequently, defendant violated the terms and conditions of his mandatory supervision. In 2016, after defendant admitted to violating his mandatory supervision by violating the law, the trial court reinstated and modified defendant’s mandatory supervision and ordered defendant to serve five years in county jail with credit for time served. Defendant appeals from the judgment. Based on our independent review of the record, we find no error and affirm the judgment.

Defendant James Andrew Newman was convicted by jury of four counts of first degree robbery (Pen. Code, § 211; counts 1-4), false imprisonment (§ 236; count 5), and receiving stolen property (§ 496, subd. (a); count 6). As to the robbery counts, the jury found true an enhancement alleging defendant personally used a firearm in the commission of the offenses (§ 12022.53, subd. (b)). In addition, the court found defendant had suffered eight prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and two prison priors (§ 667.5, subd. (b)).
Defendant was sentenced to an indeterminate term of 25 years to life on count 1, plus an additional determinate sentence of 10 years for the gun enhancement and two years for the prison priors. Sentences on all other counts were stayed pursuant to section 654, and count 6 was reversed by the court.

Defendant and appellant Eric Scott Nelson appeals from the trial court judgment resentencing him to six years eight months in prison after this court reversed his conviction for dissuading a witness and remanded for resentencing. (People v. Nelson (2015) 240 Cal.App.488 (Nelson).) We affirm.

Defendant Christopher Bryan McKenzie, Sr., appeals from the judgment entered after a jury found him guilty of multiple counts of committing a lewd and lascivious act upon a child under 14 years of age, distributing pornography to a minor, and using a minor to pose for sex acts; and one count each of attempting to use a minor to pose for photos containing sexual conduct, attempting a lewd act upon a child under 14 years of age, and possession and control of child pornography. The jury also found true enhancement allegations regarding several counts.