CA Unpub Decisions

Defendant Guillermo Nuno was found guilty of all the 15 felony charges that were submitted to the jury, specifically: three counts of inflicting corporal injury (Pen. Code, § 273.5, subd. (a)); two counts of making a criminal threat of great bodily injury (§ 422, subd. (a)); two counts of attempting to prevent the victim from testifying (§ 136.1, subd. (b)(1); four counts of false imprisonment (§§ 236, 237, subd. (a)); one count of assault with a deadly weapon (§ 245, subd. (a)(1)); one count of forcible oral copulation (§ 288a, subd. (C)(2)); and two counts of forcible rape (§ 261, subd. (a)(2)). The jury further found defendant guilty of the misdemeanor charge of maliciously damaging the victim’s property (§ 594, subd. (b)(2)(A)), and found true various penalty enhancement allegations. The court found true additional allegations that defendant had one adverse “juvenile adjudication” and two prior felony convictions, one of which qualified as a “strike” for purp

Defendant Dena Thaler prevailed over plaintiff Jane Yoon in litigation involving contract and tort claims. The contract at issue included an attorneys’ fee provision, and the only issues in this appeal are Thaler’s contentions that the trial court’s awards of fees and costs are too low. Thaler requested $265,274 in attorneys’ fees, mostly for the defense of Thaler in cases that had been consolidated with Yoon’s, and $16,557 in costs, including deposition transcripts of plaintiffs in those other cases. The trial court awarded Thaler $41,280 in fees and $4,325 in costs. We conclude that Thaler has not shown that the trial court abused its discretion in awarding fees or costs, and therefore we will affirm.

A jury convicted defendant Kenneth Gary Mendenhall of three counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)); counts 3, 4, and 6), one count of domestic violence (Pen. Code, § 273.5, subd. (a); count 5), two counts of dissuading a witness (Pen. Code, § 136.1, subd. (b)(2); counts 7 and 8), one count of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count 9), one count of driving with a suspended license (Veh. Code, § 14601.5, subd. (a); count 11), and four counts of violating a protective order (Pen. Code, § 166, subd. (c)(1); counts 12, 13, 14, and 15). The jury acquitted defendant of two counts of attempted murder (Pen. Code, §§ 664/187, subd. (a); counts 1 and 2). The jury found true an allegation that defendant had a prior conviction for driving under the influence (Veh. Code, § 23540). The trial court found two prior prison term allegations to be true (Pen. Code, § 667.5, subd. (b)).

Defendant David Wayne Ashford was convicted by jury of grand theft auto (Pen. Code §§ 484, 487, subd. (d)(1), a felony); theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a), a felony); possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a), a misdemeanor); and possession of drug paraphernalia (former Health & Saf. Code, § 11364.1, a misdemeanor). The court suspended imposition of sentence and granted defendant three years’ formal probation. The conditions of defendant’s probation included that he not use controlled substances, including marijuana, and that he serve eight months in jail.

At a dispositional hearing, the juvenile court declared A.G. a dependent child, removed her from M.G.’s (Mother) custody, placed A.G. with her father (Father), gave Father sole legal custody, and terminated dependency jurisdiction. Mother appeals from only the orders terminating jurisdiction and awarding Father sole legal custody. She argues this ruling was an abuse of discretion because it was premature and the evidence demonstrated jurisdiction was necessary to protect A.G. We affirm the judgment.

Bonnie Kent (Bonnie) sued several entities she believed helped facilitate her now-deceased husband’s decision to obtain a reverse mortgage on their residence in Yorba Linda (the Property) without her knowledge or consent. In 2012 James Kyle Kent Jr. (James), acting as the trustee of the James Kyle Kent, Jr., One Way Trust dated November 9, 2008 (One Way Trust), obtained a reverse mortgage loan and forged Bonnie’s name on several loan-related documents. Bonnie and James’s daughter, Teri Sue Kent Love (Love), filed the lawsuit in their individual capacities and as the One Way Trust’s successor co-trustees (hereafter, Bonnie and Love will be referred to jointly as the co-trustees unless the context requires otherwise). Jacob Kent, a minor and the sole beneficiary of the One Way Trust was later added to the lawsuit via his guardian ad litem James K. Kent III (collectively they will be referred to in the singular as Jacob).

Based on incidents on April 27, 2014, and May 9, 2014, Billy Eugene Childers, Jr., was convicted of robbery, being a felon in possession of a firearm, and being a felon in possession of ammunition. In this appeal, he argues that the evidence was insufficient to prove the charges of being a felon in possession of a firearm and being a felon in possession of ammunition. We agree with Childers about the ammunition possession charge but not the firearm possession charge.

In October 2014, six children (J.M., D.M., S.C., G.M., B.C., and B.M.), came to the attention of the San Bernardino Children and Family Services (CFS) following an incident in which mother’s significant other, the father of the youngest child, fired shots in the back yard of the family residence, resulting in his arrest. CFS filed a dependency petition based on the shooting, with allegations relating to the filthy conditions of the house, which had no running water, as well as the parents’ unsafe lifestyle (with a large marijuana grow in the back yard), excessive corporal punishment, and sexual abuse of the oldest daughter by the incarcerated stepfather.

Plaintiff and appellant Gary Hyatt was injured while riding a bus operated by the Metropolitan Transit System (MTS). He sought damages for personal injury, alleging that the driver had negligently operated the two-part or articulated bus around a turn at an excessive rate of speed, causing Hyatt to be thrown into a stairwell where he broke his leg. The jury returned a special verdict finding that MTS was negligent but that its driver's conduct was not a substantial factor in causing Hyatt's injuries. The court entered a defense judgment.

Mike H. appeals a dispositional order adjudging him a ward of the juvenile court (Welf. & Inst. Code, § 602) and placing him on probation after he admitted to sodomy of a minor in violation of Penal Code section 286, subdivision (b)(1). He challenges certain conditions of his probation that limit and facilitate searches of his Internet and computer activity, arguing the conditions are invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent) or unconstitutionally overbroad encroachments on his First Amendment rights. We vacate some of the challenged conditions, modify others, and otherwise affirm.

Defendants, Kendal Vernon Johnson, Keith Jermaine Fuller and Dashawn Combs, were convicted after jury trials of: first degree murder with special circumstances (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17)); attempted willful, deliberate, premeditated murder (§§ 664, 187, subd. (a)); first degree burglary with a person present (§§ 459, 667.5, subd. (c)(21)); and home invasion robbery (§ 211). Mr. Fuller and Mr. Combs were jointly tried before separate juries. Mr. Johnson was separately tried. The juries also found true gang and firearm use enhancement allegations. (§§ 186.22, subd. (b)(1)(C), 12022.53.) Mr. Johnson was sentenced to life without the possibility of parole plus 80 years to life. Mr. Fuller was sentenced to life without the possibility of parole plus 50 years to life plus 18 years. Mr. Combs was sentenced to life without the possibility of parole plus 15 years to life plus 10 years. We modify the judgments and affirm as modified with directions.

This is an appeal from final judgment after a jury convicted appellant David Allan Russell of felony reckless evasion of a peace officer and felony driving or taking a vehicle without consent. The trial court thereafter found true various enhancements related to appellant’s prior felony convictions, and ordered him to serve a total prison term of two years and eight months.
After appellant filed a timely notice of appeal, appellate counsel was appointed to represent him. Appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (People v. Wende) in which she raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124 (People v. Kelly).) Counsel attests that appellant was advised of his right to file a supplemental brief in a timely manner, but he declined to exercise such right.

Saddleback Inn, LLC (Saddleback) sued its insurer, Certain Underwriters at Lloyd’s London, Syndicate 570 and Certain Underwriters at Lloyd’s London, Subscribing to Certificate No. ATR/C/119559 (collectively referred to as Underwriters), after Underwriters refused to pay a claim for fire loss. In a bifurcated proceeding, the trial court reformed the insurance policy to include Saddleback as a named insured. Underwriters paid Saddleback $2,884,583 after the ruling. In the second phase of trial, the jury found Underwriters liable for bad faith and awarded $50,000 in punitive damages. The trial court then awarded Saddleback its attorney fees and costs. Underwriters appeal the bad faith finding and the award of attorney fees, but do not dispute the reformation cause of action. We find no error and affirm the judgment in all aspects.

D.L., S.L., and C.L. (the children) were ages one, four and seven, respectively, when they came to the attention of plaintiff and respondent San Bernardino County Children and Family Services (CFS). C.L. (born May 2006) and D.L. (born June 2012) are females; S.L. (born Jan. 2010) is male. CFS received a referral in January 2014 indicating that mother was heavily into drugs, physically abusing the children, and lacked basic provisions and stable housing. Mother reportedly kept the children around only to receive welfare, and was becoming increasingly aggressive and threatening with the paternal grandmother (PGM). Ch.L. (father) was in jail for domestic violence; he was due to be released in 2015.