CA Unpub Decisions

ppellant and respondent are neighbors in an apartment complex. They have
argued with each other at various times, generally over respondent’s grandchildren.
Specifically, appellant accused respondent and his wife, Betsie Pesqueria, of urging their
grandchildren to play near appellant’s apartment to bother him. Appellant also claimed
respondent had threatened him with physical harm.

This appeal arises out of the decision by the City of Santa Ana (the City) to approve the development of a five acre parcel of real property (the Property) that included the remains of an orange grove and a farmhouse. The Old Orchard Conservancy (Old Orchard) brought a petition for writ of mandate in the trial court to challenge the City’s action. The court denied the petition for writ of mandate, and Old Orchard is appealing from the judgment.
The Property had been planted with Valencia orange trees in around 1912. When the last member of the family that had owned the Property died in 2006, the Property passed to Orange Lutheran High School and Concordia University Foundation, which we refer to as the Schools. The Schools sought to develop the Property into 24 single family homes. We refer to the proposed development as the Project. The City commenced environmental review of the Project pursuant to the California Environmental Quality Act, Public Resources Code section 21000

n August 22, 2014, after a jury trial, defendant Victor Vega was found guilty of
attempted murder (Pen. Code,1 §§ 664, 187, subd. (a); count 1) and assault with a deadly
weapon (§ 245, subd. (a)(1); count 2). The jury found true allegations in both counts that
defendant committed his offenses for the benefit of a criminal street gang (§ 186.22,
subd. (b)(1)) and caused great bodily injury to the victim (§ 12022.7, subd. (a)). In count
1, the jury found true an allegation defendant premeditated killing the victim willfully
and deliberately (§ 189), and personally used a weapon (§ 12022, subd. (b)(1)).

The People filed a juvenile wardship petition against minor A.S. (Minor) alleging a misdemeanor count of making a false representation to a peace officer (Pen. Code, § 148.9, subd. (a) — count 1), and a misdemeanor count of violating curfew (San Juan Capistrano Mun. Code, § 5-9.201 — count 2). The court found insufficient evidence to support count 2 and granted Minor’s Welfare and Institutions Code section 701.1 motion to dismiss it. But the court found true the count 1 allegation and imposed on Minor nonward probation for six months pursuant to Welfare and Institutions Code section 725.
On appeal, Minor contends the officer detained her without reasonable suspicion and therefore the evidence must be excluded and the count 1 true finding reversed. We disagree and affirm the judgment.

Plaintiff, Parvin Jamali, appeals from a March 10, 2014
judgment of dismissal in favor of defendants: Bank of America,
N.A., as successor-by-merger to Bank of America Home Loans
Servicing L.P., formerly known as Countrywide Home Loans
Servicing L.P. (Bank of America); ReconTrust Company, N.A. and
The Bank of New York Mellon formerly known as The Bank of
New York. The Bank of New York was the Trustee for
Certificateholders of CWMBA, Inc., CHL Mortgage Pass-Through
Trust 2007-HY4, and Mortgage Pass-Through Certificates, Series
2007-HY4 (the trust). The judgment was entered after the trial
court sustained without leave to amend the demurrers of
defendants and a codefendant, Martingale Investments, LLC.
We affirm the judgment of dismissal. Plaintiff also appeals the
order sustaining the demurrer of Martingale Investments, LLC
without leave to amend. However, we dismiss the appeal from
the orders involving Martingale Investments, LLC.

Plaintiff, Parvin Jamali, appeals from a March 10, 2014
judgment of dismissal in favor of defendants: Bank of America,
N.A., as successor-by-merger to Bank of America Home Loans
Servicing L.P., formerly known as Countrywide Home Loans
Servicing L.P. (Bank of America); ReconTrust Company, N.A. and
The Bank of New York Mellon formerly known as The Bank of
New York. The Bank of New York was the Trustee for
Certificateholders of CWMBA, Inc., CHL Mortgage Pass-Through
Trust 2007-HY4, and Mortgage Pass-Through Certificates, Series
2007-HY4 (the trust). The judgment was entered after the trial
court sustained without leave to amend the demurrers of
defendants and a codefendant, Martingale Investments, LLC.
We affirm the judgment of dismissal. Plaintiff also appeals the
order sustaining the demurrer of Martingale Investments, LLC
without leave to amend. However, we dismiss the appeal from
the orders involving Martingale Investments, LLC.

Miguel T. (father) in propria persona petitions for extraordinary writ relief from the juvenile court’s orders issued at a contested 12-month review hearing (Welf. & Inst. Code, § 366.21, subd. (f)(1)) terminating his reunification services and setting a section 366.26 hearing as to his now 20-month-old son Clayton. Father contends the Stanislaus County Community Services Agency (agency) failed to consider his learning disability and the effect it had on his ability to complete reunification services. We conclude father forfeited the issue for appellate review and dismiss the petition.

Hernan A. Reyes-Hernandez appeals from a judgment of conviction and sentence
imposed after a jury found him guilty of attempting to make a criminal threat, disobeying
a restraining order, and vandalism. He contends the court erred in allowing the
prosecutor to elicit an opinion from an expert witness that the victim was involved in a
cycle of violence, claiming that his defense counsel had not opened the door to the
testimony by asking the expert whether he had formed such an opinion. We will affirm
the judgment.

Minor J. Z. appeals from the juvenile court’s order committing him to the Division of Juvenile Facilities (DJF). He first contends the court abused its discretion in that a less restrictive alternative was available and appropriate. He also contends the commitment order must be amended to reflect the court’s oral pronouncement. The People concede the second contention. We agree. We will order a corrected commitment order and otherwise affirm.

A jury found defendant Christopher Eric Bernal guilty of first degree murder. During deliberation, one of the jurors was excused and an alternate juror was seated. The reconstituted jury quickly reached a verdict. Defendant later moved for a new trial, or alternatively to unseal juror information in order to investigate potential jury misconduct. The trial court denied both requests.
On appeal, defendant challenges the denials. He argues the record shows the reconstituted jury did not follow instructions to begin deliberations anew, an assertion the trial court rejected. We, too, reject defendant’s claims of error and affirm.

Appellant Henry Anthony Turpin, Jr. pled no contest to inflicting corporal injury
on a cohabitant (Pen. Code, § 273.5, subd. (a))1 and was placed on probation. After
Turpin admitted violating his probation in that matter, the court sentenced him to prison.
Following independent review of the record pursuant to People v. Wende (1979) 25
Cal.3d 436, we affirm.

Defendant Debra Lynn Contreras appeals from the trial court’s denial of her Proposition 47 petition for resentencing. (Pen. Code, § 1170.18, unless otherwise set forth, statutory references that follow are to the Penal Code.) She contends that she was entitled to relief as to her prison prior because the prior conviction underlying the enhancement was reduced to a misdemeanor in a separate section 1170.18 proceeding. We affirm the judgment.

Appellant Shirley Ann Franklin appeals from the denial of her petition for
resentencing under Penal Code section 1170.18,1 seeking modification of the sentence
imposed on two of her convictions for use of an access card unlawfully obtained (§ 484g,
subd. (a)). Appellant contends her convictions are eligible for resentencing under
Proposition 47 because an unsuccessful attempt to obtain property through the use of an
access card qualifies as petty theft. For the reasons set forth below, we reverse and
remand for further proceedings.

A jury convicted defendant David Hernandez Savala of possession of stolen property (Pen. Code, § 496, subd. (a)) and second degree burglary (§ 459). The trial court found defendant had a prior serious felony conviction (§ 667, subds. (b)-(i), 1170.12) and five prior convictions for which he had served prison terms without remaining free from custody for a period of five years (§ 667.5, subd. (b)). Along with various fines and fees, defendant was sentenced to serve 10 years in state prison.