CA Unpub Decisions

Counsel filed a brief following the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende). The court in Wende explained a Wende brief is one that sets forth a summary of proceedings and facts but raises no specific issues. Under these circumstances, the court must conduct an independent review of the entire record. When the appellant himself raises specific issues in a Wende proceeding, we must expressly address them in our opinion and explain why they fail. (People v. Kelly (2006)

This appeal stems from an altercation between the parties to a related guardianship matter pending before us, Guardianship of K.S., case No. G058131, in which appellant Patricia Kennedy seeks to gain custody of her minor granddaughters, K.S. and K.S., from their mother, respondent Miranda S. After securing temporary guardianship of the children, Patricia went to Miranda’s home to take custody of them. Words were exchanged and Miranda hit Patricia. The following day, Patricia applied for a domestic violence restraining order (DVRO) not only protecting her and her household, but also the two granddaughters. The matter was set for hearing with the guardianship matter, and ultimately, the trial court determined the children should return to their mother. In connection with its decision, the trial court decided to remove the granddaughters as protected parties under the DVRO. The latter decision is the one we affirm in this opinion.

This appeal, and the related case of Kennedy v. Miranda S., appeal pending, G058144, require us to weigh in on a new and sad chapter in what appears to be an old family struggle. Patricia Kennedy appeals from a trial court ruling denying her petition for guardianship of her two minor granddaughters, both of whose initials are K.S. Patricia claims her daughter, Miranda S., the girls’ mother, has been neglecting and abusing them.

Defendant Nathan Banks, Sr., was convicted of special-circumstance murder during the commission of a residential burglary and robbery and sentenced to life without the possibility of parole. He filed a petition for resentencing, pursuant to Penal Code section 1170.95, based upon the changes to the felony-murder rule and the natural and probable consequences doctrine of aider and abettor liability effectuated by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437). The trial court dismissed his petition, concluding that Senate Bill 1437 was unconstitutional. On appeal, defendant contends the trial court’s decision was error. The People disagree, but the Attorney General has filed an amicus brief in support of defendant’s position. We agree with defendant. Accordingly, we reverse the order and remand this matter for further proceedings pursuant to section 1170.95.

Appellant and defendant Dustin Robert Stevens pleaded guilty to several felony offenses arising in six separate cases. He was sentenced to prison, ordered to pay restitution fines, and filed notices of appeal in two of the six cases. On appeal, defendant contends that in the two cases where he perfected appeals, the trial court improperly ordered him to pay restitution fines of $2,700 and $600 without determining his ability to pay in violation of his constitutional rights to due process and equal protection under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm.

Mother appeals the juvenile court’s order terminating her parental rights to her children, Isaiah R. and Summer R., who were four years old and one year old when removed from her custody in 2017. Her only challenge on appeal is that the court found the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901 et seq., didn’t apply to the children despite a report by both maternal grandparents revealing that their great-grandmother is a member of the Yaqui of Arizona.

Defendant and appellant E.G. is the biological father of the child who is the subject of this dependency matter, and who shares the same initials. The child, born in December 2019, was removed from father shortly after birth based on allegations that father had sexually abused the child’s half-sibling, born in July 2011, who is not biologically related to father. In this appeal, father contends that the juvenile court erred by denying him reunification services pursuant to Welfare and Institutions Code, section 361.5, subdivision (b)(6) and by ordering him to have no contact with the child. We find no error and affirm the judgment.

In this appeal following the termination of parental rights, the mother contends only that the social services agency failed to comply with the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.; ICWA). We agree and conditionally reverse.

Plaintiff and appellant KND Affiliates, LLC (KND) sued defendants and respondents Southern California Logistics Airport Authority (the Authority) and the City of Victorville (the City) for breach of contract. Following a bench trial, the trial court entered judgment in favor of the Authority and the City. KND contends that there was no ambiguity in the language of the contracts, and therefore the trial court erred by considering the parties’ performance when interpreting the contracts. KND also asserts the trial court erred in its interpretation of the contracts. We affirm the judgment.

Defendants Rodolfo Nunez and Alfredo Rodriquez were tried together before separate juries and convicted of the first degree premeditated murder of Ofakitonga Kofu on July 10, 2017. (Pen. Code, §§ 187, 189, subd. (a), count 1.) Rodriguez was also convicted of unlawfully possessing a firearm as a felon. (§ 29800, count 2.)

Andrew DeVoid (Andrew) filed a petition under Probate Code section 850 requesting that his deceased grandparents’ assets be transferred from the Thorpe G. DeVoid Trust (the 2004 trust), which designates Andrew as a mere nominal beneficiary, to the Thorpe G. DeVoid and Lorraine O. DeVoid Revocable Living Trust dated August 10, 1990 (the 1990 trust). No party or witness can produce a copy of the 1990 trust or has ever read it. However, Andrew claims the 1990 trust designates him as the sole beneficiary entitled to inherit the entire estate. In the probate proceeding below, Andrew attempted to prove the contents of the 1990 trust through testimony that his grandparents orally described the 1990 trust to himself and his mother before they passed away. The trial court found that Andrew failed to establish the material terms of the 1990 trust and denied his petition.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed.

In a first trial, a jury convicted Raymond Khani of vandalism under $400 in damage (Pen. Code, § 594, subd. (a)(b)(2)(A)), but deadlocked on an assault count. At a retrial before the same judge, the jury convicted Khani of assault with a deadly weapon and found true an allegation that he personally used a knife. (§§ 245, subd. (a)(1); 1192.7, subd. (c)(23).) The court sentenced Khani to three years in prison and imposed certain fees, fines and assessments.

This is the second round of appeals arising from the allegedly defective construction of William Dickerson’s home by general contractor Perry & Papenhausen, Inc. (P&P), and the decidedly complicated litigation that followed. Dickerson and Paradiso in Terra LLC (Plaintiffs) sued P&P and others (Defendants), as well as their subcontractors; Dickerson alleged breach of contract and both Plaintiffs asserted negligence, among other claims. Plaintiffs settled with the subcontractors. Defendants filed a cross-complaint, claiming Dickerson breached the home construction contract by failing to pay certain amounts. A jury found Dickerson and P&P liable for breach of contract, and P&P liable for negligence, and awarded damages to both sides. The contract award to Dickerson was for delays and overcharging. Although the special verdict form submitted to the jury allowed for defect damages to be awarded in contract, the jury awarded them only on the joint negligence claim. P&P successfully moved t