CA Unpub Decisions

APPEAL from an order of the Superior Court of Los Angeles County, Mel Red Recana, Judge. Affirmed in part; reversed in part.
Emilio Reyes, in pro. per., for Plaintiff and Appellant.
Lorraine Ann Escobar, in pro. per., for Defendant and Respondent Lorraine Ann Escobar.
Law Office of Michael F. Sisson and Michael F. Sisson for Defendant and Respondent Alexandra R. McIntosh, APC.
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Emilio Reyes appeals from an order granting the special motions to strike (Code Civ. Proc., § 425.16; anti-SLAPP statute) filed by defendants Lorraine Ann Escobar and Alexandra R. McIntosh, APC. Reyes brought causes of action for negligence, defamation, invasion of privacy, intentional infliction of emotional distress, stalking, unfair business practices, and professional negligence based on allegations he gave confidential information concerning his Native American ancestry to McIntosh in her capacity as an attorney to evaluate Reyes’s standing to participate in a lawsuit for which McIntosh w

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Shultz, Judge. Affirmed.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Michael C. Keller and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent.
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INTRODUCTION
In the proceedings below, the trial court imposed on appellant Deshawn Maiden $700 in restitution fines and $560 in fees. On appeal, appellant contends the court erred in failing to stay the fines and in imposing the fees because the court had no basis to find he could pay them. We conclude that appellant forfeited this argument by failing to present evidence below of his alleged inability to pay, and that in any case, the trial court was justified in finding appellant could pay from his prison wages. We therefore

APPEAL from a judgment of the Superior Court of Los Angeles County, Connie R. Quiñones, Judge. Reversed and remanded with directions.
Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, William H. Shin and Theresa A. Patterson, Deputy Attorneys General, for Plaintiff and Respondent.
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On April 23, 2006, appellant Terrell Barron, codefendant Tryon Larry Smith, and an unidentified man took property from two victims at gunpoint at a residential party and then drove away in a third victim’s truck. (See People v. Barron, et al. (June 30, 2008, B197621) [nonpub. opn.] [2008 Cal.App.Unpub.LEXIS 5271; 2008 WL 2568481, *1-2].) In 2006, a jury convicted Barron of one count of carjacking (Pen. Code, § 215, subd. (a), count 2), and two counts of robbery (§ 211, counts 3-4)). The jury found that ea

APPEALS from orders of the Superior Court of Los Angeles County, Annabelle G. Cortez, Judge. Affirmed and conditionally affirmed with directions.
Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant Chastity B.
Jesse F. Rodriguez, under appointment by the Court of Appeal, for Defendant and Appellant Ramon T.
Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Principal Deputy County Counsel, for Plaintiff and Respondent.
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INTRODUCTION

Chastity B. appeals from juvenile court orders denying two petitions filed under Welfare and Institutions Code section 388 by Chastity’s mother, Marlene B., requesting a relative placement assessment under section 361.3 and placement of three of Chastity’s four children with Marlene.

APPEAL from an order of the Superior Court of Los Angeles County, Stephanie M. Davis, Juvenile Court Referee. Affirmed.
Maryann M. Goode, under appointment by the Court of Appeal, for Defendant and Appellant Christopher M.
Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Aileen Wong, Senior Deputy County Counsel, for Plaintiff and Respondent.
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INTRODUCTION

Christopher M. appeals from the juvenile court’s order under Welfare and Institutions Code section 366.26 terminating his parental rights to his son, C.M., who is now five years old. He argues the juvenile court erred in ruling the parental-benefit exception under section 366.26, subdivision (c)(1)(B)(i), did not apply. We affirm.

APPEAL from an order of the Superior Court of Los Angeles County, H. Jay Ford III, Judge. Affirmed as modified.
Lurie, Zepeda, Schmalz, Hogan & Martin, Elizabeth L. Tran and Kurt L. Schmalz for Objector and Appellant.
Alpha Trial Group, Richard K. Welsh and Jeff Zuidema for Plaintiffs, Cross-Defendants, and Respondents.
The law firm Lurie, Zepeda, Schmalz, Hogan & Martin (“the Firm”) appeals from an order by the superior court in pending litigation granting a motion by plaintiffs Lumar, LLC and ZU+, Inc., and by cross-defendant Gustavo Zinkewich, to disqualify the Firm and attorneys Andrew Zepeda and Jimmy Chang, from representing defendant and cross-complainant Ronald Singer.

APPEAL from an order of the Superior Court of Los Angeles County, Julie Fox Blackshaw, Judge. Dismissed.
Nicole Williams; Daniel G. Rooney, under appointment by the Court of Appeal, for Defendant and Appellant.
Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel and Sally J. Son, Deputy County Counsel, for Plaintiff and Respondent.

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H.O. (mother) appeals from the order adjudicating her two children, T.G. (born 2011, older son) and L.W. (born 2021, baby), dependent under Welfare and Institutions Code section 300, subdivision (b), although neither child was removed from her custody and jurisdiction was subsequently terminated as to both children. We dismiss the appeal as moot.

APPEAL from orders and a judgment of the Superior Court of the County of Los Angeles, David Sotelo, Judge. Dismissed, in part, and affirmed, in part.
Robert Gentino for Plaintiff and Appellant.
Law Office of Marcelo E. DiMauro, Marcelo E. DiMauro, for Defendant and Respondent.


I. INTRODUCTION

Plaintiff Sky Properties, Inc. (Sky Properties) purports to appeal from the trial court’s orders confirming a nonbinding arbitration award and entering judgment in favor of its prior law firm, defendant Valor LLP (Valor), and denying its motion to reconsider or vacate. Because we conclude that Sky Properties’ appeal from the court’s order confirming the nonbinding arbitration award and entering judgment is untimely and it has waived its appeal of the court’s denial of its postjudgment motion to vacate, we dismiss its appeal, in part, and affirm, in part.

APPEAL from order of the Superior Court of Los Angeles County. Marguerite D. Downing, Judge. Affirmed.
Paul Couenhoven, under appointment by the Court of Appeal, for Appellant.
Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel and Peter Ferrera, Deputy County Counsel for Respondent.
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INTRODUCTION
Christopher M. (Father), presumed father of minor K.K., appeals from the juvenile court’s order removing K.K. from his and K.K.’s mother’s custody. Father asserts two points of error. On the first point of error, he argues that removal was not supported by substantial evidence for two reasons. One reason is that it was impossible for the court to both (i) find Welfare and Institutions Code section 361, subdivision (c)(1)’s, predicate substantial danger to K.K. had been established, but (ii) allow unlimited visitation by Father and unlimited daytime visitation by Mother. The second reason is that respondent Los Angeles County Department o

APPEAL from judgments of the Superior Court of Los Angeles County, Michael J. Shultz and Patrick Connolly, Judges. Reversed in part, vacated in part, affirmed in part, and remanded with directions.
John A. Colucci, under appointment by the Court of Appeal, for Defendant and Appellant Kevaughn Harris.
Alex Coolman, under appointment by the Court of Appeal, for Defendant and Appellant Dwayne Ward.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.
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INTRODUCTION
An exchange of fire between appellants Dwayne Ward and Kevaughn Harris left a three-year-old boy dead. A jury convicted both men of murder, attempted murder, shooting at an occupied vehicle, and possession of a firearm by a felon, and they received lengthy sentences. Appellants contend: (1) the trial court erre

APPEAL from an order of the Superior Court of Los Angeles County, Elaine W. Mandel, Judge. Reversed.
Burgee & Abramoff and John G. Burgee for Plaintiff and Appellant.
The Kernan Law Firm, S. Michael Kernan and R. Paul Katrinak for Defendant and Respondent.
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Plaintiff The One Experience, LLC appeals an order granting Defendant David Loomstein’s special motion to strike under California’s anti-strategic lawsuit against public participation (anti-SLAPP) statute (Code Civ. Proc., § 425.16). The lawsuit alleged defendant interfered with a contract to fund a public music festival by making disparaging remarks about plaintiff’s managing member to the festival’s chief financial backer, resulting in the investor repudiating his agreement to provide $350,000 in financing.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael R. Amerian, Judge. Affirmed.
Law Offices of Michael Labrum and Michael Labrum for Defendant and Appellant.
Beaumont Tashjian, Tara M. Radley and Kumar S. Raja for Plaintiff and Respondent.

INTRODUCTION

In 2017 Kimali Yingling obtained a civil harassment restraining order against her neighbor in a condominium complex, Adrian Fercu. Three years later, Yingling sought to renew the restraining order. The trial court granted the request, and Fercu appealed.

APPEAL from an order of the Superior Court of Los Angeles County, Richard L. Fruin, Jr. Judge. Affirmed.
Jamie T. Hall, Julian K. Quattlebaum III, and Channel Law Group, LLP, for Plaintiff and Appellant.
Michael N. Feuer, City Attorney, Terry Kaufmann Macias, Assistant City Attorney, Amy Brothers and John Fox, Deputy City Attorneys, for Plaintiff and Respondent.

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In this CEQA action Concerned Citizens of Beverly Hills/Beverly Grove (Concerned Citizens or appellant) appeals the trial court’s denial of its petition for writ of mandate challenging the City of Los Angeles’s approval of an ordinance allowing limited, short-term rental activity to take place within the City of Los Angeles. Although the City issued a negative declaration indicating the ordinance would not have a significant effect on the environment, appellant contends the City utilized an improper baseline and disregarded fair arguments that the ordinance would have a significant negative environmental imp

APPEAL from an order of the Superior Court of Los Angeles County, Richard L. Fruin, Jr. Judge. Affirmed.
Jamie T. Hall, Julian K. Quattlebaum III, and Channel Law Group, LLP, for Plaintiff and Appellant.
Michael N. Feuer, City Attorney, Terry Kaufmann Macias, Assistant City Attorney, Amy Brothers and John Fox, Deputy City Attorneys, for Plaintiff and Respondent.

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In this CEQA action Concerned Citizens of Beverly Hills/Beverly Grove (Concerned Citizens or appellant) appeals the trial court’s denial of its petition for writ of mandate challenging the City of Los Angeles’s approval of an ordinance allowing limited, short-term rental activity to take place within the City of Los Angeles. Although the City issued a negative declaration indicating the ordinance would not have a significant effect on the environment, appellant contends the City utilized an improper baseline and disregarded fair arguments that the ordinance would have a significant negative environmental imp