California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Gelman v. Seven Seas Smoke House etc. CA2/8
Oct 5, 2022
On September 17, 2015, plaintiff and defendant’s employee were involved in an automobile accident. Defendant’s employee was parked on the side of the road, and as he pulled his van into traffic, plaintiff’s Mercedes crashed into him. At the time of the collision, plaintiff was tr…
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P. v. Castillo CA6
Oct 5, 2022
On February 11, 2020, following a court trial, Castillo was convicted of violating a protective order by violence or threats with prior convictions (Pen. Code, § 166, subd. (c)(4); count 1), two counts of misdemeanor battery (§ 242; counts 2 & 3), and misdemeanor vandalism with a…
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Marriage of Mills CA4/3
Oct 5, 2022
In 2013, respondent Michael Mills initiated the underlying divorce case. Litigation generated over half a million dollars in attorney fees as well as fees for retained experts. The accounting for some of those fees, as reflected in the judgment, are at issue in this appeal. In 20…
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P. v. Wulff CA4/2
Oct 5, 2022
Around 3:30 p.m. on January 1, 2021, J.H. was driving his car and was almost hit by a white work truck. He sped up to try to see who was driving, but the truck was swerving a lot, so he slowed down and got behind it to avoid being hit. J.H. followed about two car lengths behind t…
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P. v. Arriaga CA4/2
Oct 5, 2022
On April 19, 2019, pursuant to a negotiated plea agreement, Adrian Arriaga pleaded guilty to one felony count of assault by force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) in exchange for a grant of probation. (Unlabeled statutory references are to th…
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P. v. Torres CA4/2
Oct 5, 2022
Defendant and appellant David Jerry Torres challenges the trial court’s decision declining to exercise its discretion under Penal Code section 12022.53, subdivision (h), to strike his firearm enhancement. He argues the matter should be remanded because the sentencing court failed…
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P. v. Perez CA4/1
Oct 5, 2022
During an investigation of a referral from Child Protective Services in December of 2017, Jane Doe 1 and Jane Doe 2, granddaughters of Perez who were respectively 12 and 13 years old at the time, told a social worker that Perez had touched them “inappropriately.” The social worke…
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P. v. Fitch CA4/1
Oct 5, 2022
Fitch has not challenged the sufficiency of the evidence to support his convictions; therefore, we summarize the facts mainly to provide context for the first contention. We rely in part on the probation report. On April 19, 2015, Fitch babysat Doe, the son of R.H., an old high s…
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P. v. Martinez CA4/1
Oct 5, 2022
A jury found Issac Martinez guilty of one count of murder and found that the murder was in the first degree. During the trial, the People presented evidence that Martinez committed the murder with a minor, J.M. and that both J.M. and Martinez were members of the same criminal str…
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P. v. Churchill CA3
Oct 5, 2022
This appeal involves five separate cases that were resolved in a plea agreement. In case No. 20F5297, the prosecution charged defendant with vandalism. (Pen. Code, § 594, subd. (b)(1).) In case No. 20F8072, the prosecution charged defendant with a hit and run causing death or ser…
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P. v. Churchill CA3
Oct 5, 2022
This appeal involves five separate cases that were resolved in a plea agreement. In case No. 20F5297, the prosecution charged defendant with vandalism. (Pen. Code, § 594, subd. (b)(1).) In case No. 20F8072, the prosecution charged defendant with a hit and run causing death or ser…
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J.J. v. Superior Court CA3
Oct 5, 2022
This writ petition originates from a petition filed on December 16, 2020, under section 300. The petition alleged that the minors, J.K., E.C., and A.C., came within the provision of section 300, subdivision (a), serious physical harm; section 300, subdivision (b), failure to prot…
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In re B.L. CA3
Oct 5, 2022
Because mother’s sole claim challenges compliance with the ICWA, we limit the background summary to ICWA related facts and procedure unless otherwise relevant to the issue on appeal. The minor was removed from mother’s sole custody after the Agency filed a dependency petition pur…
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In re G.A. CA3
Oct 5, 2022
Because the issue on appeal is limited to ICWA compliance, we dispense with a detailed recitation of the underlying facts and procedure. On July 30, 2019, the Agency filed a section 300 petition on behalf of newborn minor G.A., alleging the minor came within the provision of sect…
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In re B.T. CA3
Oct 5, 2022
On August 19, 2019, the Department filed a petition alleging the minor, then eight years old, was described pursuant to section 300, subdivision (b), in that, L.C., mother of the minor, failed to protect her and her siblings by engaging in domestic violence with her husband in th…
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In re A.H. CA3
Oct 5, 2022
Following a contested jurisdiction hearing, the juvenile court found true, beyond a reasonable doubt, that the minor committed first degree murder, unlawfully took a vehicle, bought or received stolen property, and resisted arrest. The court also found true a firearm enhancement …
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In re A.H. CA3
Oct 5, 2022
Following a contested jurisdiction hearing, the juvenile court found true, beyond a reasonable doubt, that the minor committed first degree murder, unlawfully took a vehicle, bought or received stolen property, and resisted arrest. The court also found true a firearm enhancement …
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In re A.H. CA3
Oct 5, 2022
Following a contested jurisdiction hearing, the juvenile court found true, beyond a reasonable doubt, that the minor committed first degree murder, unlawfully took a vehicle, bought or received stolen property, and resisted arrest. The court also found true a firearm enhancement …
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In re A.H. CA3
Oct 5, 2022
Following a contested jurisdiction hearing, the juvenile court found true, beyond a reasonable doubt, that the minor committed first degree murder, unlawfully took a vehicle, bought or received stolen property, and resisted arrest. The court also found true a firearm enhancement …
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In re D.M. CA2/2
Oct 5, 2022
On September 14, 2018, DCFS received a referral from the Los Angeles Police Department. The previous day, then six-year-old D.M. was reported missing after mother’s cousin, Victoria E. (Victoria), had picked her up from school. Mother admitted that she had asked Victoria to retri…