CA Unpub Decisions

J.R. (mother) appeals from the court’s orders taking dependency jurisdiction over her son, 11-year-old E.R., and removing him from her physical custody. She contends the court erred by proceeding with the noticed jurisdiction hearing in her absence. She also challenges the evidentiary support for the court’s jurisdictional findings and dispositional order removing E.R. from her home. We affirm.

Plaintiff David Elias sued his former employer, defendant Pacific Alliance Medical Center (Pacific), for wrongful termination in violation of public policy. Elias alleged he was retaliated against for reporting thefts by certain coworkers. He was fired, however, when he gave a female coworker underwear as a birthday gift. The matter proceeded to a bench trial and, after Elias presented his case, the court granted Pacific’s motion for judgment under Code of Civil Procedure section 631.8. Elias appeals, contending the evidence does not support the judgment, and he challenges the subsequent costs award. We affirm.

This is an appeal from a judgment after a bench trial in which defendant Arie Mazur was held to be the alter ego of Verdeo, Inc. (Verdeo). The court also found Mazur liable for fraudulent transfers. The court had previously granted summary adjudication against Verdeo for breach of contract and awarded damages to plaintiff Petro-Diamond Inc. (Petro-Diamond), in the amount of $2,550,000. On appeal, Mazur attacks all aspects of the judgment on both procedural and substantive grounds. We affirm.

Defendant, Allen Keith Crenshaw, appeals from an order denying his Penal Code section 1170.18, subdivision (f) resentencing petition. We affirm the order.

Plaintiff Andrea Gordon fell on a stair while touring a home offered for sale. She brought suit against the homeowners and their real estate agent alleging premises liability and negligence. The trial court granted summary judgment for defendants, on the basis that the homeowners had no notice, actual or constructive, that there was any danger to the stair. Gordon appeals. We conclude the stair was open and obvious as a matter of law and, even if it were not, the homeowners had no notice of any dangerous condition. We therefore affirm.

On June 27, 2000, a jury convicted defendant, John Douglas Hunter, of: forcible rape (Pen. Code, § 261, subd. (a)(2)); felony false imprisonment (§§ 236-237, subd. (a)); dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)); and several misdemeanors. Defendant admitted he was previously convicted of a serious felony. (§§ 667, subd. (a)(1), (b)-(i), 1170.12.) He was sentenced to 25 years, 8 months in state prison. We affirmed the judgment on appeal. (People v. Hunter (Nov. 19, 2002, B151487) [nonpub. opn.].)

Plaintiff, Dennis J. Stankie, purports to appeal from the January 25, 2016 denial of a motion to correct or cancel the judgment resulting from a small claims appeal. (Code Civ. Proc., § 116.725. ) Plaintiff filed the motion to correct or cancel the judgment as a mandate proceeding. We have a duty to raise issues concerning our own jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) Thus, we issued an order to show cause and permitted the parties to argue the dismissal issue. We conclude plaintiff cannot appeal to the Court of Appeal from the January 25, 2016 denial of his motion to correct or cancel the judgment.

A jury convicted Joseph Garcia of identity theft of Diane Vuong (count 1; Pen. Code, § 530.5, subd. (a)), felony theft of Diane Vuong’s access card (count 2; § 484e, subd. (d)), felony theft of Bin Liu’s access card (count 3; § 484e, subd. (d)), and forgery by possessing a completed check (count 4; §§ 457, subd. (c); 473, subd. (a)). The trial court found that Garcia suffered a prior conviction that qualified as a strike and as a prior conviction with a prison term. (§§ 667, subd. (b); 1170.12, subd. (b); § 667.5, subd. (b).)

A jury convicted petitioner Tremayne Collier of first degree murder and two counts of robbery, and found arming allegations to be true. (Pen. Code, §§ 187, 212.5, subd. (c), 12022, subd. (a)(1).) The jury found a robbery special circumstance allegation not to be true. (§ 190.2, subd. (a)(17)(A).) With priors, petitioner was sentenced to an aggregate term of 13 years plus 51 years to life. We affirmed the judgment on appeal, and the Supreme Court subsequently denied review. (People v. Collier (Aug. 30, 2006, A108751) [nonpub. opn.], review den. Dec. 13, 2006, S147017.)

On February 9, 2015, appellant Kevin R. Schrubb petitioned the superior court for reclassification of certain prior convictions in case numbers 274651-1, 277465-1, 293558-3, and 403687-7 from felonies to misdemeanors pursuant to Penal Code section 1170.18. The superior court denied the petition. Schrubb appeals the denial as to case number 403687-7, a conviction for receipt of stolen property, contending the superior court erred in denying the petition on the grounds he had not met his burden of proving the value of the stolen items was less than $950. We disagree and affirm.

On June 5, 2012, the Riverside County District Attorney filed a petition under Welfare and Institutions Code section 602 (the First Petition) alleging that on June 3, 2012, defendant and appellant D.E. (Minor) committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a); count 1); resisted a peace officer (Pen. Code, § 69; count 2); defaced property with graffiti (Pen. Code, § 594, subd. (b)(2)(A); count 3); and on March 15, 2012, disturbed the peace (Pen. Code, § 415.5, subd. (a); count 4). The First Petition further alleged with respect to count 1, that Minor inflicted great bodily injury. (Pen. Code, §§ 12022.7, subd. (a), 1192.7, subd. (c)(8).)
On June 6, 2012, the district attorney filed another petition alleging a different occasion of disturbing the peace on April 20, 2012 (the Second Petition). (Pen. Code, § 415.5, subd. (a).)

In an information filed December 17, 2014, defendant and appellant Jose Guadalupe Gutierrez was charged with one count of possession of methamphetamine for sale under Health and Safety Code section 11378. A jury acquitted defendant of the charged offense and found him guilty of the lesser included offense of simple possession under Health and Safety Code section 11377, subdivision (a). The trial court placed defendant on three years of summary probation. Defendant filed a timely amended notice of appeal.

Defendant and appellant Dillon Thomas Martin hid in the bushes at a house belonging to the victim and his family until the victim arrived home. Defendant told the victim it was good that he came home because he was going to kill the victim’s entire family. Defendant walked the victim to a vacant lot at gunpoint and held him there while he questioned him regarding the whereabouts of two of the victim’s friends who defendant believed beat up defendant’s brother. Defendant held the gun to the victim’s head and began to count down from five. Before letting the victim go, defendant head-butted the victim and shot his gun within a few feet of the victim.

A jury convicted defendant and appellant, Marco Antonio Pimentel, of first degree murder (Pen. Code, §§ 187, subd. (a), 189), possession of a firearm by a felon (§ 29800, subd. (a)(1)), and possession of ammunition by a felon (§ 30305, subd. (a)(1)). The jury also found defendant had personally and intentionally discharged a firearm, causing death, with respect to the murder count. (§ 12022.53, subd. (d).) The court found true that defendant had suffered a prior strike and prior serious felony conviction and had served two prior prison terms. (§§ 667, subds. (a), (b)-(i), 667.5, subd. (b)(1), 1170.12, subds. (a)-(d).) It sentenced him to a determinate prison term of 16 years plus 75 years to life in prison.