CA Unpub Decisions

Trial. As discussed in Lovejoy, supra, D073477, in 2017, a jury found McDavid guilty of the offenses of conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)) (count 1) and premeditated attempted murder (§§ 664, 187, subd. (a), 189) (count 2). The jury also found true allegations that in committing each of those offenses, McDavid intentionally and personally discharged a firearm, causing great bodily injury (§ 12022.53, subd. (d)) and personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)).
Original sentencing. On January 31, 2018, the trial court sentenced McDavid to an indeterminate term of 25 years to life on count 1 and a consecutive indeterminate term of 25 years to life for the related section 12022.53, subdivision (d) enhancement, for a total term of 50 years to life in prison.

On September 9, 2020, the Department filed a petition on behalf of then-one-month-old J.W. pursuant to Welfare and Institutions Code section 300.
The petition was preceded by an investigation by the Department, during which father “confirmed” to the Department on August 6, 2020, that he has Native American ancestry and is “linked” with the Blackfoot and Cherokee tribes. He planned to register with the tribes. Father subsequently filed a Parental Notification of Indian Status stating he may have Indian ancestry with the Cherokee tribe.
On September 29, 2020, paternal aunt L.W. told the dependency investigator that her family may have Cherokee and Blackfeet heritage, but she did not have any “information.” She stated that paternal uncle M.U. had “all of the information” and gave the dependency investigator his telephone number.

Mother and father have two children (born 2011 and 2018). On December 31, 2018, DCFS filed a two-count section 300 petition, requesting the court take jurisdiction over the children. The petition, which was later amended in May 2019, alleged that mother’s mental and emotional problems, and failure to consistently participate in mental health treatment and take prescribed psychotropic medications rendered mother periodically incapable of providing appropriate care and supervision for the children. It alleged father’s ongoing incarceration prevented him from providing for the children’s life necessities. DCFS attached ICWA-010(A) forms to the petition showing the social worker questioned mother on December 27, 2018 about her ancestry, and mother reported “no known Indian ancestry.”
On January 29, 2019, DCFS detained the children in foster care.
On February 1, 2019, mother completed ICWA-020 forms, reporting she had no known Indian ancestry.

On February 9, 2017, DCFS filed a juvenile dependency petition concerning the children under section 300 of the Welfare and Institutions Code. On the same day, the parents appeared in court at a detention hearing and filed Parental Notification of Indian Status forms (Judicial Council Forms, form ICWA-020 (rev. Jan. 1, 2008) (ICWA-020)). Mother checked a box next to the statement: “I have no Indian ancestry as far as I know.” Based on this form, the court found that there was no reason to know the children are Indian children “as to [Mother].”
Father indicated on his ICWA-020 form that he may have Indian ancestry. He provided the name of a tribe and the telephone number for the paternal grandfather. DCFS thereafter investigated Father’s claim of Indian heritage and notified certain tribes and the Bureau of Indian Affairs of the proceedings.

FACTUAL AND PROCEDURAL BACKGROUND
Valkof is a member of SIV, LLC, which he established with Valkova and three others, in September 2014.
In December 2014, Valkova went to the Bank and opened a business checking account in the name of “Ana V. Valkova dba SIV[,] LLC.” Valkova told the Bank’s representative that she was the only member and manager of SIV, LLC, even though it had other members. The Bank did not ask to see SIV, LLC’s operative agreement or fictitious business name statement. Valkova presented a signed resolution from SIV, LLC authorizing her to open the account, which she signed as the single member.
Subsequently, Valkova led Valkof and the other members of SIV, LLC to believe that an account was opened for SIV, LLC, so they transferred a total of $330,000 into the account titled “Ana V. Valkova dba SIV[,] LLC,” with at least some checks made out to “SIV, LLC.” Valkova subsequently converted the funds meant for SIV, LLC in the account for her personal use.

Deadly Weapon; We Modify the Judgment and Affirm
On September 1, 2007 Jose Avila drove to South Gate to drop off his younger brother, Jonathan Avila, at a party. As they approached their destination, Jose yelled out, “‘Compton Varrio Tortilla Flats, and this is our neighborhood.’” Jose stopped the car in the middle of the street near a group of six teenagers, Jonathan Sedano, Fernando Gutierrez, Fernando Hernandez, Miguel Lorenzana, Hernan Partida, and Manuel Pasqual, who were gathered around Pasqual’s car. Jonathan got out of the car and asked, “‘Where’s the party at?’” When Sedano responded, “Who are you,” Jonathan punched him. Jonathan and Sedano began to fight, and Gutierrez and Partida joined Sedano in hitting Jonathan, while Jose watched the fight from inside his car. During the fight Jonathan took out a curved knife with a five- to six-inch blade, swung it at Sedano, and stabbed him in the stomach.

On November 13, 2019, Doe 1 was at home when he received a text message from Barbosa, whom he was dating, telling him to come outside. Doe 1 went outside and saw Barbosa in the driveway. He asked her to leave, but she refused. As Doe 1 called 911, Barbosa lunged for his phone, causing a slight injury to his right hand. Doe 1 went into the house and closed the door.
While inside, Doe 1 heard banging coming from the front of the house and checked his security camera. He saw Barbosa striking the front door with a chair. Barbosa then used the chair to strike a white GMC Yukon XL SUV belonging to Doe 1’s wife. Barbosa eventually left with two child car seats belonging to Doe 1 and his wife. Doe 1 later observed that his other vehicle, a Lexus, had damage to the driver’s side door, and a booster seat lay nearby on the floor by the door. There was also damage to the frame of the doorway of Doe 1’s house.

We derive the facts and procedure, as best as we are able, from the limited record provided on appeal.
The Fuenteses filed the underlying complaint against respondents on January 3, 2020, alleging causes of action for: (1) breach of contract, (2) wrongful foreclosure, (3) fraud and conspiracy to commit fraud, (4) conversion/trover, (5) breach of good faith, (6) slander of title, (7) intentional infliction of emotional distress, and (8) obstructing due process. Respondents’ demurrer, apparently unopposed, was sustained with leave to amend on August 21, 2020. After the Fuenteses failed to timely amend the complaint, the trial court dismissed the complaint with prejudice on September 21, 2020.
On November 2, 2020, respondents moved to have the Fuenteses declared vexatious litigants and for imposition of a prefiling order.

On the evening of January 19, 2019, San Jose police officers responded to a report of a firearm being discharged at a San Jose apartment complex. According to the individuals interviewed, Edith F. rented a room from a couple, Alondra C. and Christopher A. The 10-year-old son of Alondra and Christopher also lived with them.
Edith had been in a dating relationship with defendant Gonzalez for approximately seven to eight months before the incident. Earlier that evening, Gonzalez texted Edith that he would be coming over. Edith, who was not at the residence, contacted her roommate Alondra and asked that she not let Gonzalez inside. When Edith arrived home, she found Gonzalez sitting in the living room.
Edith walked into her bedroom, followed by Gonzalez. Gonzalez appeared to be intoxicated and under the influence of cocaine. Edith demanded that Gonzalez leave the room. Gonzalez grabbed Edith’s right arm.

Our prior opinions set forth a detailed account of the excessive litigation leading up to Beck's lawsuit and MFS 's cross-complaint, which we incorporate by reference. (FinCanna, supra, G058700 [for consistency we will continue to refer to the Catanzarite series of lawsuits as the Pinkerton Action, the MFS Action, the Mesa Action, the Cooper Action, the FinCanna Action, and the Scottsdale Action].) We will limit our factual summary to the current dispute between MPS/Catanzarite and Horwitz.
MFS 's cross-complaint alleged it retained Horwitz as its legal counsel in 2015. The complaint stated Beck introduced Horwitz to MFS, "and they, with [attorney Robert A.] Bernheimer, develop[ed] the plan and scheme to convert the MFS business

opportunity to and for themselves and cover it up with a bogus friends and family stock issuance to MFS stockholders."

As set forth in Beck’s complaint, the history of this case begins in 2015 when a failing corporation sought a new business opportunity in the cultivation and use of cannabis products. MFS’s board members, O’Connor, Cooper, and Richard J. Probst formed CTI and appointed themselves to CTI’s board of directors. Initially, the directors told MFS shareholders that CTI would become MFS’s subsidiary, but their plans changed and they created a separate entity. Beck asserts this was due to the board’s concern CTI would be burdened by MFS’s previous business failures. The board hired Beck, who was experienced in the cannabis industry and with transitioning small investor-based start-up companies through “an exit or a public merger.” Eventually, Beck joined CTI’s board of directors and became the president and chief executive officer (CEO) of the company.

On June 7, 2019, a Modesto police officer saw defendant using a city-owned electrical outlet to charge a personal electronic device. Believing this to constitute theft of public utilities or a similar crime, the officer approached defendant and told him “that the outlet that he was using was intended for City devices … and that he wasn’t supposed to be using it.” While conversing with defendant, the officer “asked him for his identifying information, and [defendant advised] that he was on probation.” The officer performed a records check and confirmed defendant was “on an active grant of PRCS,” i.e., postrelease community supervision. Based on defendant’s status, the officer “proceeded with a search of a bag that he had with him.”
Defendant was found in possession of a pipe and approximately one ounce of methamphetamine.

Between 2013 and 2014, defendant Kevin Cordray lived with his girlfriend Crystal and her four daughters, S.M., C.D., A.D., and D.D. The four girls later alleged defendant sexually abused them during this time. On October 22, 2019, a jury convicted defendant of lewd or lascivious acts with S.M., a child under 14 years old (Pen. Code, § 288, subd. (a), count 1); oral copulation of D.D., a child 10 years or younger (§ 288.7, subd. (b), count 2); lewd or lascivious acts with D.D., a child under 14 years old (§ 288, subd. (a), count 3); oral copulation of A.D., a child 10 years or younger (§ 288.7, subd. (b), count 5); and lewd or lascivious acts with A.D., a child under 14 years old (§ 288, subd. (a), count 6). As to counts 1, 3, and 6, the jury also found true defendant had been convicted in the present case of committing an offense specified in section 667.61, subdivision (c) against more than one victim.

Lee and Peggy Williams (collectively “Williams”) lived in Yermo. They owned two horses, a horse trailer, a white dually (double-wheeled) Ford pickup, a motor home, and a blue 1981 Pontiac LeMans. On the evening of December 3, 1992, four people -- Ramnanan, Tammy [Gamache], Tammy’s husband, Richard Gamache (Richard), and another person, a minor boy -- gained entrance to the Williamses’ house on the pretense of needing to use the phone. After seizing the Williamses, the intruders ransacked the house for money, guns, and other property. They then departed taking the victims with them.
Richard and Ramnanan drove the Williamses in the motor home. Tammy drove the pickup. At one point, defendants stopped and forced the Williamses to sign bills of sale transferring the truck, the horse trailer, the mobile home, and the Pontiac to them. After driving a further distance, Ramnanan and Richard forced the Williamses to walk out in the desert and lie face down.