CA Unpub Decisions

Bullets fired from a small white car killed one victim and wounded another. Both victims were members or associates of the Westside Projects (Projects) gang. Months later, when the police arrested a known informant for an unrelated offense, he offered to give them information about the shooting. He told the police — and he eventually testified — that defendant Travon Rashad Venable, Sr. was the driver of the car and one Elgin Johnson was the shooter. Both defendant and Johnson were members of the California Gardens Crips (California Gardens) gang, a rival of the Projects.

S.F.’s Testimony
S.F. testified that she considered Youngs her stepfather because he had been married to her mother. One day in October 2020, when Youngs temporarily lived with S.F., she, a male friend, and Youngs were watching a movie in her bedroom. She was wearing pajamas and a pair of shorts. After the friend left, Youngs suddenly touched the back of S.F.’s neck. She saw him masturbating on the bed next to her. Youngs then grabbed her breast and the back of her neck and pulled her toward his penis, which her lips touched. She pushed off, sat up, and yelled at Youngs to stop because he was her stepfather.

The prosecution charged defendant with severing a phone line (§ 591), misdemeanor spousal battery (§ 243, subd. (e)(1)), and two misdemeanor counts of endangering a child (§ 273a, subd. (b)). In August 2019, defendant pleaded guilty to the severing a phone line count and the prosecution dismissed the other counts. The trial court imposed the stipulated upper term of three years, suspended execution of the sentence, and placed defendant on a five-year probation term.

A jury found defendant Kenneth Oliver Owens, Jr., guilty of murder in 2011 based on his participation in a robbery in which a cohort shot and killed a victim. The jury also found true a felony-murder special circumstance. (Pen. Code, § 190.2, subd. (a)(17).) In this petition for a writ of habeas corpus, defendant challenges the validity of the special circumstance, arguing that substantial evidence does not support that he was a major participant in the robbery who acted with reckless indifference to human life. We agree, in part, and grant the petition.

Eight days after Richard was born in September 2019, DCFS filed a juvenile dependency petition concerning him under section 300, subdivisions (a), (b), and (j) of the Welfare and Institutions Code. The petition includes a statement by a social worker that she had made an “Indian child inquiry” and determined that Richard “has no known Indian ancestry.” DCSF’s detention report, filed the same day, stated that Mother “reported that she doesn’t have any Native American Ancestry in her family.”

In 1997, a jury convicted Alton Charles Allen of the first degree murder of Emery Hughes. The jury also found true the allegations that Allen personally used a deadly and dangerous weapon (a knife) and committed the murder during a burglary. This court affirmed Allen’s conviction on direct appeal in 1999. (People v. Allen (1999) 72 Cal.App.4th 1093 (Allen I).)
In 2021, Allen filed a petition for resentencing under Penal Code section 1170.95, arguing he could not now be convicted of first or second degree murder under sections 188 and 189 as those statutes were amended by Senate Bill No. 1437 (S.B. 1437).

Luis Munoz leased commercial property to Ruiz for use as a car dealership. Present during the lease negotiations were Munoz; his employee, Victor Jimenez; Ruiz; and general manager of Oxnard Motorsports, Julio Estrella. Ruiz left the meeting before the lease was signed. Munoz initially requested a five-year lease. Estrella testified five years was too long because the city might shut them down due to COVID. He said one year would be “ludicrous” because it takes approximately three months to get a permit to operate. Both Estrella and Ruiz testified they requested two years and shook hands with Munoz for two years.

Island Enterprises, Inc., and Island Navigation Company, Inc. (collectively, the Island plaintiffs), sued Catalina Coastal Tours, LLC, Catalina Coastal Tours and Fishing, LLC (collectively, the Catalina defendants), and MNSS Corporation (MNSS), alleging causes of action for fraud and interference with prospective economic relations. The court sustained demurrers by the Catalina defendants and MNSS and entered judgments of dismissal in their favor. The Island plaintiffs appealed. We affirm.

Former trustee Dana Urick brought an action individually and as guardian ad litem for her son Trentyn M. Urick-Stasa against her former attorneys, James H. Turken and the law firm Greenspoon Marder LLP (collectively Greenspoon). The complaint contained causes of action for professional negligence, breach of contract, and interference with prospective economic advantage based on allegations that the legal services provided by Greenspoon to Dana as trustee resulted in her removal as trustee and the potential disinheritance of Dana and Trentyn as beneficiaries. Greenspoon filed a special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute), which the trial court denied.

In 2012, defendant and appellant Curtis Lowe (defendant) took part in a gang melee that resulted in the fatal stabbing of victim Patrick Lister (Lister). After trial, a jury found defendant guilty of second degree murder. Several years later, in 2019, defendant petitioned for resentencing under Penal Code section 1172.6 (former Penal Code section 1170.95). The trial court appointed counsel for defendant and ultimately denied defendant’s petition without issuing an order to show cause.

In 1981, petitioner and appellant Donald Matthews pleaded guilty to one count of murder, and the trial court sentenced him to 15 years to life. In 2019, petitioner filed a petition for resentencing pursuant to Penal Code section 1170.95, which is now Penal Code section 1172.6 (section 1172.6). Section 1172.6 allows a petitioner to obtain retroactive relief based on recent changes in the murder law. The resentencing court denied Matthews’ petition at the prima facie stage and, in July 2020, this court affirmed the resentencing court’s order.

In 1981, petitioner and appellant Donald Matthews pleaded guilty to one count of murder, and the trial court sentenced him to 15 years to life. In 2019, petitioner filed a petition for resentencing pursuant to Penal Code section 1170.95, which is now Penal Code section 1172.6 (section 1172.6). Section 1172.6 allows a petitioner to obtain retroactive relief based on recent changes in the murder law. The resentencing court denied Matthews’ petition at the prima facie stage and, in July 2020, this court affirmed the resentencing court’s order.

Kevin J. (Father) appeals a dispositional order made by the dependency court denying him visitation with the two children he shares with T.F. (Mother), five-year-old Jacob J., and eight-year-old Joyce J. (Minors). In making its order, the juvenile court relied upon a five-year stay-away domestic violence restraining order (DVRO) that was then and now in effect enjoining Father from having any contact with the Minors, as well as another half sibling, adult Jade J., whom he sexually abused. Given these facts, the juvenile court concluded that visitation would be detrimental to Minors. Mother and Minors are members of and live within the territory of the Round Valley Indian Tribes (the Tribe). The DVRO was issued by a court of that jurisdiction.

Mark Smith, a self-represented litigant, filed a lawsuit against Yelp Inc. (Yelp). The trial court granted Yelp’s special motion to strike, and it later awarded Yelp attorney fees and costs. (Code Civ. Proc., § 425.16; statutory references are to this code.) Smith — again representing himself — appeals. We decline to reach the merits of Smith’s challenge to the order granting the motion to strike. We affirm the attorney fee order.