CA Unpub Decisions

Irma Rodriguez sought leave from the Sacramento Municipal Utility District (SMUD) to file a late claim for loss of consortium arising from injuries her husband Margarito sustained when he received an electric shock while pruning trees. SMUD denied the application and the trial court subsequently denied Irma’s Government Code section 946.6 petition for relief from the government claim-presentation requirements.

Richard M. (father) appeals the findings and orders made by the juvenile court at a six-month review hearing under Welfare and Institutions Code section 366.21, subdivision (e). Father contends that respondent Los Angeles County Department of Children and Family Services (Department) did not provide reasonable reunification services, and the juvenile court erroneously found that returning M.M. (minor) to his custody would be detrimental. Father also contends the court and the Department failed to comply with the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). We conditionally affirm and remand the case for the limited purpose of compliance with ICWA.

Defendant and appellant Kendall Deshawn Cooks (defendant) appeals from the denial of his motion to void his guilty plea and to transfer his case to juvenile court. Appointed counsel filed a brief raising no issues and asking this court to follow the procedures set forth in People v. Serrano (2012) 211 Cal.App.4th 496.

A jury convicted Aaron Lamont Johnson of six felonies including forcible rape, trafficking, and pandering of a minor. We direct the trial court to stay the pandering sentence under section 654 and to correct the restitution amount. We otherwise affirm.
All undesignated statutory references are to the Penal Code.

Hawthorne Investment, LLC sought to evict Quan Thiet Lam after Lam failed to pay rent under a commercial lease. Following a bench trial, the trial court awarded Hawthorne possession of the premises, damages, and other relief.
Lam claims the court improperly disallowed his contract defense as well as his defense based on the common law implied warranty of habitability. Alternatively, he urges us to take a precedent-setting step by extending this warranty beyond residential tenants to commercial tenants like him. We affirm. Statutory citations are to the Code of Civil Procedure

Jose Diaz appeals from the superior court’s order denying his motion to replace appointed counsel prior to the commencement of a postjudgment hearing being held pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). No arguable issues were identified by Diaz’s appointed appellate counsel after her review of the record. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Diaz in his handwritten supplemental brief. We affirm.

Plaintiff and appellant Alliance for College-Ready Public Schools, Inc. (Alliance), appeals from an order granting a motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute) in favor of defendant and respondent United Teachers Los Angeles (the Union) in this malicious prosecution action. The trial court granted the anti-SLAPP motion after finding no evidence that the Union initiated the underlying administrative complaint with malice. On appeal, Alliance contends it established a probability of prevailing on the merits. The Union responds that, in addition to the absence of evidence of malice relied on by the trial court, Alliance cannot prevail because it has not shown a favorable termination of the underlying administrative action.

Defendant and appellant Monica Quiros (defendant) appeals her conviction, following a jury trial, of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)). The jury found that defendant personally inflicted great bodily injury on the victim, Corey Moses. (§ 12022.7, subd. (a).) The trial court suspended imposition of sentence and placed defendant on three years of formal probation.

Albert Vigil (defendant) appeals his conviction by jury of four felonies: count one – criminal threats in violation of Penal Code section 422, subdivision (a); count two – stalking in violation of section 646.9, subdivision (a); count three – vandalism in violation of section 594, subdivision (a); and count four – robbery in violation of section 211. The jury also found true defendant’s prior convictions: kidnapping in violation of section 207 and assault with a firearm in violation of section 245, subdivision (a)(2). Defendant represented himself throughout most of trial.

A.P. (father) and A.M. (mother) petition this court for extraordinary writ review of a juvenile court order denying reunification services and setting a selection and implementation hearing under Welfare and Institutions Code section 366.26 for their son (minor). Parents contend (a) the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1912 et seq.) applies and (b) the court should have ordered reunification services. We conclude the juvenile court did not err and deny the petition on the merits.

Appellant, T.B., challenges the order appointing Anna M. Roth, public guardian and director of the Contra Costa County Health Services Department (Public Guardian), as the conservator of her person pursuant to the Lanterman-Petris-Short (LPS) Act. (Welf. & Inst. Code, § 5000 et seq.) After a court trial, the court approved the conservatorship petition and issued a conservatorship order. We conclude appellant did not knowingly and intelligently waive her right to a jury trial.

Defendant Cherri Briana Roberts appeals from a judgment sentencing her to 16 months in county jail after she pleaded no contest to one count of felony vandalism (Pen. Code, § 594, subd. (b)(1)). Defendant filed a notice of appeal and requested a certificate of probable cause, which the trial court granted. Her counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Defendant was informed of her right to file a supplemental brief but has not done so. Upon independent review of the record, we conclude no arguable issues are presented for review and affirm the judgment.

Rael & Letson (R&L or the company) brought this action against defendants Michael Clark and the Clark Family Partnership (CFP), alleging Clark, the company’s chief executive officer (CEO), misappropriated more than $3,000,000 in company funds under the guise of business expenses. Most of the R&L’s causes of action were presented to a jury, but the court decided R&L’s cause of action for breach of the duty of loyalty.

Defendant Joseph Jermane Smith appeals after a jury convicted him of committing a lewd act on a child under the age of 14 by means of force, violence, duress, menace, or fear (count 1; Pen. Code, § 288, subd. (b)(1) ) and an aggravated sexual assault on a child under the age of 14 and 10 or more years younger than himself (count 2; § 269). The trial court imposed an indeterminate prison term of 15 years to life for count 2 and stayed the term for count 1 pursuant to section 654.