CA Unpub Decisions

A jury convicted defendant and appellant Carlos Joe Espinosa of assault by means likely to produce great bodily injury, petty theft, and battery with serious bodily injury. Espinosa appeals the judgment, contending the evidence was insufficient to prove a great bodily injury enhancement, and the prosecutor committed prejudicial misconduct. We affirm.

In this case the appellant, Lorance Davis, pleaded guilty to multiple felonies and enhancements. The only issue presented in this appeal is whether the court should have stayed the sentence for firearm possession pursuant to Penal Code section 654. Unfortunately, neither counsel raised any issue regarding section 654 in the trial court. The only mention of the issue was in the probation officer's report and in a very brief discussion between the trial judge and the probation officer. As a result, the record regarding the precise relationship between possession of the firearm and other offenses is quite sparse.

On the morning of July 5, 2013, Aaron Ham and his girlfriend Mary Nguyen returned to the apartment they shared with John Newton and found the apartment had been ransacked. They discovered Newton dead on the floor of his bedroom. Newton had been shot multiple times. Defendant Juan Julius Barnes’s fingerprints were found at the scene. Days later, when police were pursuing defendant following a vehicle stop, the pursuing officer observed that defendant was holding a handgun and police retrieved a handgun near where defendant was apprehended. The weapon was later determined to be the murder weapon. Ham and Nguyen identified a mason jar containing marijuana and a pair of Nike Air Jordan sneakers discovered in an apartment connected to defendant as items that had been taken from their apartment.

A jury convicted Francisco Jesus Avila in February 2015 of misdemeanor exhibiting a deadly weapon and acquitted him of other charges. The charges stemmed from two incidents in 2014 between Avila and P. Santos (Santos), a prostitute whose motel room Avila shared for a short time and with whom he had nonpaying sexual relations. Over defense objections, the trial court permitted the prosecution to introduce prior uncharged acts of domestic violence from 2005, pursuant to Evidence Code section 1109, to show that Avila had a propensity to commit acts of domestic violence in his dating relationships. The court denied Avila’s motion to exclude the propensity evidence and limited Avila’s cross-examination of the section 1109 witness.

Plaintiff Trust sought to establish an equitable easement to use a private dirt-and-gravel road commonly known as Hendrika Way in order to access its adjoining 35-acre
parcel of undeveloped land. The trial court entered judgment in favor of defendants.
On appeal, the Trust contends the trial court incorrectly concluded that the parcel at issue is not landlocked; and, presuming that we agree with that proposition, that the court abused its discretion in declining to award an equitable easement and in finding that irreparable harm would result if it did. Finally, the Trust argues the court erred in finding that the first 400 feet of Hendrika Way was never dedicated to public use. We will affirm the judgment.

The court continued appellant Adrian H. as a ward of the court (Welf. & Inst. Code, § 602) after he admitted violating his probation (§ 777, subd. (a)(1)). On appeal, appellant contends the juvenile court deprived him of his state and federal constitutional right to due process by committing him to the Tulare County Long Term Program (LTP) in juvenile hall without an adequate case plan and without making educational findings. We affirm.

Plaintiff, a homeowner and borrower, sued the defendant financial institution for wrongs allegedly committed in connection with a nonjudicial foreclosure sale of his residence. Plaintiff’s main theory was that the financial institution did not own his note and deed of trust and, therefore, lacked the authority to foreclose under the deed of trust.
The financial institution convinced the trial court that (1) it was, in fact, the beneficiary under the deed of trust, (2) a properly appointed substitute trustee conducted the foreclosure proceedings, and (3) the plaintiff lacked standing to claim the foreclosure was wrongful. The financial institution argued its chain of title to the deed of trust was established by facts stated in recorded assignments of deed of trust and a recorded substitution of trustee. The trial court took judicial notice of the recorded documents. Based on these documents, the court sustained a demurrer to some of the causes of action and granted summary jud

Appellant Universal Bank (Tenant) appeals from the denial of its motion to compel arbitration of an unlawful detainer action filed by respondent DC Universal, LLC (Landlord). We reverse and direct the trial court to order the parties to arbitration.

While under a temporary contract with a medical staffing agency, plaintiff Christine Blantz was placed as a nurse practitioner at a prison hospital operated by defendant California Department of Corrections and Rehabilitation (Corrections). Corrections terminated Blantz's placement about a year and a half later, and would not hire her when she directly applied for work three months later.
Blantz sued Corrections and various of its employees in superior court alleging a variety of federal and state law claims arising from her termination and Corrections' refusal to hire her directly. The action was removed to federal court, where the district court dismissed Blantz's federal claims and remanded her state law claims to the superior court.

Plaintiffs and appellants Riad Abboud, also known as Ray Abboud, doing business as Casa Olympia, Western Loan & Jewelry, LLC, Shahram Mousavi, R. Reed’s Diamond Company, Inc., and Eastmont Community Center (plaintiffs) appeal from the trial court’s March 8, 2016 order denying their motion for class certification. Plaintiffs contend they demonstrated the requirements for class certification and that the court erred in finding a lack of common proof and in placing too much emphasis on case management issues.

Anthony West appeals from the denial of his petition for a writ of mandate. Because West has failed to provide an adequate record demonstrating error, we affirm the trial court’s judgment.

The California Department of Corrections and Rehabilitation (Department) employed appellant, Chad Turner, as a correctional sergeant. The Department terminated Turner from his position on the grounds of inexcusable neglect of duty, dishonesty, discourteous treatment of the public, and discrediting his employer. Following a hearing before an administrative law judge (ALJ), respondent, California State Personnel Board (Board), upheld the termination.
Turner argues he was denied due process because the written reasons for dismissal served on Turner did not include the allegations the ALJ relied on to find Turner was dishonest. Turner further contends that substantial evidence does not support the ALJ’s decision and that the Board abused its discretion when it terminated Turner’s employment.
The record does not support Turner’s position. Thus, we will affirm the judgment.

Janet Stewart appeals from a judgment in favor of Union Carbide Corporation (Union Carbide or respondent) in this wrongful death case. We find no error in the summary adjudication that appellant’s loss of consortium claim was barred by res judicata. We also find there was no miscarriage of justice in the setoff of her deceased husband’s settlement with two asbestos bankruptcy trusts against her entire economic damage award in this case. The judgment is affirmed.

Plaintiff and appellant, Susan Carol Parker, appeals from the judgment dismissing her second amended complaint (SAC) against defendant and respondent, Norris Group Community Reinvestment, LP (Norris), after Norris’s general demurrer to the SAC was sustained without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) We affirm the judgment dismissing the SAC against Norris.
The allegations of the SAC show that, in April 2013, Parker signed a promissory note for a $170,000 “hard money” loan and a deed of trust on her Temecula residential property to secure the loan. Parker received the loan proceeds on May 1, 2013, and the entire principal balance was due only nine months later, on February 1, 2014.