CA Unpub Decisions

Nancy R. Kress (wife) appeals a postjudgment order reducing the spousal support obligation of Robert L. Kress (husband) from $5,250 per month, pursuant to their stipulated judgment of dissolution, to $3,750 per month, pursuant to his request for an order (RFO) to modify spousal support.

In 2002, a jury found appellant Hector Ismael Valdivia guilty of first degree murder with a true finding that a principal discharged a firearm resulting in death. The jury hung on allegations that appellant had personally discharged a firearm resulting in death, personally discharged a firearm, and personally used a firearm. The trial court later granted the People’s motion to dismiss those allegations. Appellant was sentenced to 25 years to life in prison.

In this landlord-tenant dispute, Johnny Gallo sued Jay Hergot for nuisance, breach of the covenant of quiet enjoyment, and other causes of action after Hergot evicted Gallo. Gallo appeals from the judgment entered after the trial court imposed terminating sanctions against him for misuse of the discovery process.

Pullman relies on Roberts v. Packard, Packard & Johnson (2013) 217 Cal.App.4th 822 for the proposition that any fee award for Borisoff’s success in arbitration is premature. Roberts is inapposite. There, an arbitration agreement provided that the prevailing party in “cases” brought under the False Claims Act, 31 United States Code section 3729 et seq. would receive “statutory” costs and expenses and, in another portion of the agreement, “all” costs and expenses. (Roberts, at p. 827.) The issue was whether the trial court properly awarded statutory attorney fees to defendants for prevailing on their petition to compel arbitration. (There had as yet been no arbitration.) Relying on a definition of the word “action” found in Civil Code section 1717, we held that a petition to compel arbitration is not itself an action, and “the determination of the prevailing parties must await the resolution of plaintiffs’ causes of action by an arbitrator. Then, the trial court can

An act of vandalism—spraying graffiti on a church wall—ended with one person dead and a second wounded. The shooter, Pedro Martinez, was convicted of first degree murder and attempted willful, deliberate and premeditated murder. Janeth Lopez, who had marked the church wall with spray paint, and Ivy Navarrete, who drove Martinez and Lopez away from the church after the shooting, were convicted of second degree murder, attempted willful, deliberate and premeditated murder and felony vandalism. Lopez and Navarrete appealed, challenging the propriety of their convictions under the natural and probable consequences doctrine and the sufficiency of the evidence to support the jury’s finding their crimes had been committed to benefit a criminal street gang.

T-N.H. (mother) seeks extraordinary relief from a juvenile court order terminating reunification services and setting a Welfare and Institutions Code section 366.26 permanency planning hearing for her two daughters, S.H. and J.G. (collectively, children). Mother challenges the court’s finding that she received reasonable reunification services. We deny the petition on the merits.

Appellant Maridol C. Mendones (Mendones) filed a petition for judicial review of the revocation of her registered nurse license (license) by respondent Board of Registered Nursing (the Board). The superior court denied the petition based on Mendones’ failure to file an opening brief in support of her petition.

HUM CPR Affiliates and HUM CPR (collectively, HUM CPR) filed a petition for a writ of mandate under the California Environmental Quality Act (CEQA) to challenge the County of Humboldt’s amendments of two zoning definitions in its general plan. The County of Humboldt, the Humboldt County Board of Supervisors, and the Humboldt County Planning Director (collectively, the County) moved to dismiss for HUM CPR’s failure to comply with section 21167.4, which mandates that a petitioner in a CEQA action file a request for a hearing on the merits within 90 days of filing the petition. The trial court denied the motion to dismiss, but it ultimately entered judgment in the County’s favor after rejecting HUM CPR’s claims on the merits. HUM CPR appealed from the judgment, and the County cross-appealed to challenge the denial of its motion to dismiss.

Defendant Nicholas I. Kistler appeals his jury trial conviction for attempted murder, felony assault with a deadly weapon, and misdemeanor resisting arrest, as well as his subsequent sentencing. First, Kistler asserts his counsel at trial “had an actual conflict of interest that affected her representation,” which entitles him to a new trial. Second, Kistler argues his attorney’s closing argument concession of guilt for resisting arrest violated due process, requiring reversal. Last, Kistler asserts the trial court erred in sentencing him to “seven years-to-life” for premeditated attempted murder rather than specifying life with the possibility of parole.

Defendant Shavougue Antoine Mason was convicted by a jury in 2005 of, among other things, three counts of murder after driving drunk and killing a man, a woman, and their unborn child. He was sentenced to an indeterminate term of 45 years to life in prison. Determinate sentences on other counts were imposed and stayed. Defendant petitioned for resentencing under Penal Code section 1170.91, which allows current and former members of the United States military to seek resentencing if they are convicted of certain felonies and suffer from mental health or substance abuse issues related to their military service. The trial court denied the petition, determining that the statute does not apply to indeterminate sentences and that the mitigating evidence defendant submitted did not justify a lower stayed determinate sentence. Defendant argues the trial court erred in concluding that indeterminate sentences are statutorily excluded from resentencing under Penal Code section 1170.91; that the s

Defendant Larry Lee Rodgers pleaded no contest to kidnapping, assault with a deadly weapon, criminal threats, and vehicle theft. The trial court imposed a total term of nine years in state prison. Rodgers’s appeal from the judgment of conviction is currently pending and awaiting briefing in case number H047232.

In this juvenile dependency case, E.G. (mother), appeals the juvenile court’s order terminating her parental rights to her now 16-year-old daughter, Faith. (Welf. & Inst. Code, § 366.26.) Mother contends the order must be reversed because the juvenile court erred in not applying the beneficial parent-child relationship exception to the termination of her parental rights. (§ 366.26, subd. (c)(1)(B)(i).) We affirm.

In 1998, petitioner Leonard Bryce Thomas was convicted of the second degree murder of his wife, Lisa Thomas. (Pen. Code, § 187, subd. (a); count 1.) For this offense, he was sentenced to a term of 15 years to life.

A jury convicted appellant Oscar Reyes of battery on a spouse or cohabitor (Pen. Code, § 273.5, subd. (a); count II) and intimidating a witness and/or victim (Pen. Code, § 136.1, subds. (a), (b); count III). In April 2020, the trial court suspended imposition of sentence and it placed him on formal probation for three years under various terms and conditions.