CA Unpub Decisions

Appellant T.P., an alleged father of the minor M.P., appeals from the juvenile court’s orders denying him presumed father status. (Welf. & Inst. Code, § 395.) He contends the juvenile court erred in rescinding the voluntary declaration of paternity he signed after the minor’s birth and in setting aside the subsequent paternity judgment entered by a family law court. He also contends that, even without the voluntary declaration of paternity and paternity judgment in place, he qualified as, and should have been declared, the minor’s presumed father. We conclude the juvenile court did not err in exercising its equitable powers to rescind the voluntary declaration of paternity and set aside the paternity judgment. Further, the juvenile court did not err in resolving the competing presumptions of parentage and determining T.B., the biological father, is the minor’s sole presumed father. Accordingly, we shall affirm the juvenile court’s orders.

Defendants, a skilled nursing facility and its corporate owner, appeal from denial of their petition to compel arbitration of a case alleging elder abuse and other claims filed by plaintiffs, former facility resident Dean Higgs and his friend Dennis Aguilar. (Code Civ. Proc., § 1294, subd. (a).) The petition was based on two arbitration agreements signed by Aguilar shortly after Higgs was admitted to the facility. Because we conclude that defendants failed to establish Aguilar had the authority to bind Higgs to arbitration of his claims, we shall affirm the trial court’s denial of the petition to compel.

Minor appellant B.G. appeals from an order adjudicating him a ward of the juvenile court under Welfare and Institutions Code section 602. Appellant contends insufficient evidence supported the juvenile court’s findings that he unlawfully possessed a firearm (Pen. Code, § 29610 ) and live ammunition
(§ 29650). We disagree and affirm.

Defendants, a skilled nursing facility and its corporate owner, appeal from denial of their petition to compel arbitration of a case alleging elder abuse and other claims filed by plaintiffs, former facility resident Dean Higgs and his friend Dennis Aguilar. (Code Civ. Proc., § 1294, subd. (a).) The petition was based on two arbitration agreements signed by Aguilar shortly after Higgs was admitted to the facility. Because we conclude that defendants failed to establish Aguilar had the authority to bind Higgs to arbitration of his claims, we shall affirm the trial court’s denial of the petition to compel.

Defendants, a skilled nursing facility and its corporate owner, appeal from denial of their petition to compel arbitration of a case alleging elder abuse and other claims filed by plaintiffs, former facility resident Dean Higgs and his friend Dennis Aguilar. (Code Civ. Proc., § 1294, subd. (a).) The petition was based on two arbitration agreements signed by Aguilar shortly after Higgs was admitted to the facility. Because we conclude that defendants failed to establish Aguilar had the authority to bind Higgs to arbitration of his claims, we shall affirm the trial court’s denial of the petition to compel.

Defendants, a skilled nursing facility and its corporate owner, appeal from denial of their petition to compel arbitration of a case alleging elder abuse and other claims filed by plaintiffs, former facility resident Dean Higgs and his friend Dennis Aguilar. (Code Civ. Proc., § 1294, subd. (a).) The petition was based on two arbitration agreements signed by Aguilar shortly after Higgs was admitted to the facility. Because we conclude that defendants failed to establish Aguilar had the authority to bind Higgs to arbitration of his claims, we shall affirm the trial court’s denial of the petition to compel.

Cristina S. (mother) appeals from the jurisdictional findings and dispositional orders declaring her children, A.S. and E.S., dependents of the court under Welfare and Institutions Code section 300, subdivision (b). Mother contends the jurisdictional findings were erroneous because there was insufficient evidence her drug use and mental health issues placed the children at risk of suffering serious harm. She argues in the alternative that even if substantial evidence existed to support the jurisdictional findings, the dependency court abused its discretion by declaring the children dependents of the court because “no evidence showed the children suffered any physical harm as a result of mother’s drug use and mental health issues.”

Representing herself, Jeanette Redlich (Jeanette) appeals from a judgment approving the final account and report for the estate of her mother, Stella Redlich (Mother), who died seven years ago. The judgment includes (1) a $10,698.61 award to the executor (Jeanette's sister, Eva Heilbrunn (Eva)) to reimburse Eva for payments she made on behalf of the estate; and (2) attorney fees to Eva's estate attorney, consisting of $16,750.13 in statutory fees and $46,800 in extraordinary fees. The court ordered these costs and fees to be paid from Mother's trust based on the court's earlier order that the estate was insolvent and the trust was liable for the estate debts.

Minor appeals from a juvenile court order committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, for up to seven years. He contends we must reverse the order because the court failed to consider the particularized facts and circumstances of his crimes in setting his maximum period of confinement. (See Welf. & Inst. Code, § 731, subd. (c).) As the record belies this contention, we affirm the order.

Brian Booth brought an action alleging numerous causes of action against numerous parties arising from the nonjudicial foreclosure sale of his home. The court sustained defendants' demurrer without leave to amend on all causes of action against all defendants.

Michael G., in propria persona, seeks extraordinary writ relief from the juvenile court’s order setting a Welfare and Institutions Code section 366.26 hearing as to his now 15-month-old daughter, Z.S. He contends the juvenile court erred in denying him reunification services. We deny the petition.

The events preceding the motion for attorney fees at issue in this appeal are set forth in detail in our opinion in Ahern I. In brief, the Ahern parties sued the AMC parties and several other individuals and entities for fraud based on alleged misstatements in offering materials for limited partnership and tenant-in-common investments in commercial real property on East La Palma Avenue in Anaheim. The AMC parties successfully petitioned to compel arbitration of the Ahern parties’ claims pursuant to the mandatory arbitration provision in one of the underlying agreements relating to the acquisition of the La Palma Avenue property (referred to by the parties as the iStar PSA). In response the Ahern parties elected not to pursue arbitration, dismissed their fraud claims against the AMC parties and continued with their superior court lawsuit against the remaining defendants.

In this divorce case, the trial court ordered husband Michael Proud to pay wife Melissa Proud child support, spousal support, and attorney fees, in amounts that were based on a finding that Michael’s income was $8,044 a month. Michael appealed.
While that appeal was pending, the parties stipulated to a judgment, which provided that Michael would pay Melissa $75,000, representing both (1) an equalizing payment and (2) full satisfaction of all unpaid child support, spousal support, and attorney fees.
Also while the appeal was pending, Michael filed a request to modify child support. The trial court granted his request, in part. However, it found that his income had not changed; therefore, in calculating the modified amount of child support, it continued to use $8,044 a month as Michael’s income.

Defendants Ricky Angelo Mendoza and Leon John Moreno were jointly tried by a jury and convicted of first degree murder with criminal street gang enhancements. We ordered defendants’ appeals consolidated.