CA Unpub Decisions

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 allegation. It committed the minor to DJJ for “52 years to life with confinement until he reaches the age of 25,” subject to the statutory limitation, and awarded him 766 days of custody credit for time served at a local holding facility. But the award does not include the days the minor spent on electronic monitoring in prior petitions. The minor timely appealed.

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 retrieve D.M., even though mother knew that Victoria habitually used methamphetamines. After Victoria failed to bring D.M. home, neither mother nor the children’s maternal grandmother, Barbara G. (grandmother), could contact her. D.M. was found alone in a park the next day. When attempting to pick D.M. up from the police station, mother failed a field sobriety test and reluctantly admitted that she had recently used methamphetamine. She was promptly arrested for child endangerment and narcotic use, and D.M. and Denise were placed into foster care.

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 retrieve D.M., even though mother knew that Victoria habitually used methamphetamines. After Victoria failed to bring D.M. home, neither mother nor the children’s maternal grandmother, Barbara G. (grandmother), could contact her. D.M. was found alone in a park the next day. When attempting to pick D.M. up from the police station, mother failed a field sobriety test and reluctantly admitted that she had recently used methamphetamine. She was promptly arrested for child endangerment and narcotic use, and D.M. and Denise were placed into foster care.

In October 2020, defendant and appellant James A. Palacios agreed to plead no contest to one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) in exchange for a sentence of 90 days in jail, five years of probation and mental health counseling. Defendant waived his trial rights on the record. Counsel joined in the waivers and stipulated to a factual basis for the plea. The court found defendant’s waivers to be knowingly and voluntarily made, accepted defendant’s plea and found him guilty of the assault.
In accordance with the plea agreement, the court suspended imposition of sentence, placed defendant on five years formal probation, awarded him 173 days of custody credits and ordered him to complete mental health counseling through the probation department. Defense counsel advised the court defendant was homeless and requested accommodation on the imposition of fines and fees.

Appellant Daniel J. is the father of Juana F. (born December 2009). Non-party D.J. is her mother. In January 2021, DCFS received a referral that Mother had been placed on a psychiatric hold for being a danger to herself and others. A maternal cousin had contacted the Department of Mental Health because Mother expressed thoughts of killing herself and 11-year-old Juana.
A children’s social worker (CSW) spoke with Mother, who stated her suicidal ideation was related to the domestic violence she experienced with Father. Mother reported that in October 2020, Father was arrested in Florida due to a domestic violence incident and was now awaiting deportation to Guatemala. The parents ended their relationship, and Mother and Juana moved to Los Angeles. Mother stated that after Father’s arrest, she began to receive threatening phone calls from him, blaming her for his predicament. However, in Father’s last phone call, he apologized and asked to reconcile; Mother refused.

These facts are taken from our 2004 decision affirming Ortega’s conviction. (Rodriguez, supra, B160212.) “Rodriguez and Ortega are members of the El Monte Flores gang. . . . [¶] On August 30, 2001, [at approximately 1:00 a.m.] Ortega drove Rodriguez and two other confederates in a Chevrolet Lumina. . . . Someone in Rodriguez’s vehicle shot five or six times, hitting and critically injuring Tapia.” (Id. at p. 2.)
“On August 30, 2001, at approximately 2:00 a.m., Rodriguez and Ortega were passengers in the same Chevrolet Lumina that they were in an hour earlier. Rodriguez yelled ‘Northside Bolen’ to Robert Garcia and Eva Ruiz, who were sitting outside a donut shop. Garcia responded ‘Northside Monte.’ The driver of the Chevrolet Lumina made a u-turn and Rodriguez and Ortega exited the vehicle. Garcia was shot fatally. Ortega was holding a gun.” (Rodriguez, supra, B160212 at p. 3.)
“A jury found both Ortega and Rodriguez guilty of murder and two counts of attempted mu

In a complaint filed May 29, 2020 Haas alleged he had been given Luna (a pit bull) in 2013 and she lived with him in his tent on the streets until January 2020. Luna suffered a seizure in 2019 that left her hind legs paralyzed.
According to Haas’s complaint, a man and a woman approached Haas on January 24, 2020 and offered him a table. After helping him set it up, the woman took Luna without Haas’s permission and put the dog in the couple’s car. When Haas asked for Luna’s return, the individuals said she looked sick and they wanted to take her to a veterinarian. They said they would return Luna to Hass after she had been evaluated. The couple then drove off with the dog.
Haas reported the incident to the police, who, after some investigation, told Haas the individuals who took Luna were friends of Littleton, the owner of Little Love Rescue.

The parties were married for nearly 10 years, from July 2000 until they separated in May 2010. In June 2010, Ms. Bird filed a petition for dissolution of marriage. While the petition was pending, Mr. Bird paid spousal support pursuant to a pendente lite order. On May 15, 2012, the trial court entered a stipulated judgment of dissolution, which provided Mr. Bird would pay spousal support of $3,500 per month beginning on May 1, 2011, and ending on May 1, 2016, or in the event of Ms. Bird’s remarriage, whichever occurred first.
In 2015, Ms. Bird sought to extend the termination date of Mr. Bird’s support obligations. On August 26, 2015, the court ordered Mr. Bird to pay support of $2,250 per month until March 31, 2019. The court also found that Mr. Bird was in arrears on his support obligation for the period of June 2015 until August 2015. There is no indication in the record that in 2015 Ms. Bird sought to recover for arrears spanning 2010 to 2013.

Carlos Quintanilla was a member of the 18th Street gang. His sister Yesenia Quintanilla claimed the Los Players clique, but she was not actually an 18th street gang member. Around 10:00 p.m. on November 25, 2010, Carlos’s girlfriend, Cindy Sanchez, drove the Quintanillas to the house of 18th Street gang member Ada Zeledon to confront Zeledon because she had accused Yesenia of prostitution and “jumped” the Quintanillas’ sister. Zeledon came outside and argued with Yesenia. Carlos tried to hit Zeledon with a bottle. Both Carlos and Yesenia challenged Zeledon to fight, but she refused. Zeledon called “Mala” and Francisco Lozano, who were also 18th Street gang members, for help. The Quintanillas left when Zeledon’s mother came outside.
Sanchez then drove the Quintanillas to another location within 18th Street gang territory to look for Lozano, who Carlos knew to be a “shot caller” for the Los Gangsters clique.

On February 8, 2008, 14-year-old Robert E. was at his house on Katrina Place. He was with his mother, Luz E., his sisters, Mayra E. and Christina E., and his brothers, including 12-year-old Francisco E. They were throwing a party at the house.
Later in the evening, Robert E. heard gunshots while he was in the garage with Ricardo R., his sister’s friend. Robert E. heard something hit an area immediately next to him. Upon hearing the gunshots, he ducked and crawled into the house. He heard about 10 shots rapidly fire. Ricardo R. heard about 15 shots. The garage door was closed at the time.
Francisco E. was sitting at a dining room table with other family members and friends, including Gerardo Salazar, Mayra E., Stephanie R., Adriana R., Denise F., and Liz S. Windows to the dining room were located between the front door of the house and the garage.

C.J. (Father), father of minor C.J., appeals from orders denying his petition under Welfare and Institutions Code section 388 and terminating his parental rights under 366.26. Father’s sole contention on appeal is that the Contra Costa County Children and Family Services Bureau (Bureau) failed to comply with its duty under the Indian Child Welfare Act (25 U.S.C., § 1901 et seq.; ICWA) and related California law (§ 224 et seq.) to conduct an initial inquiry into whether C.J. was an Indian child.
C.J. was the subject of an April 2021 dependency petition alleging he was at risk of serious physical harm due to the chronic substance abuse of his mother, T.H. (Mother). (§ 300, subd. (b)(1).) Mother indicated in her ICWA-020 form that she had no Indian ancestry. Father did not complete an ICWA-020 form and indicated that he did not know if he had Indian ancestry.

We detailed the factual and procedural background of this case in our earlier nonpublished decision affirming Esquivel’s convictions. (See People v. Esquivel (Case No. A149692, June 25, 2019 [nonpub. opn.] (Esquivel I).) We repeat the basic facts from that case nearly verbatim and include from the trial court record in case no. A149692 additional facts in the discussion section to the extent necessary to address Esquivel’s contentions on appeal.
The charges filed against Esquivel arose from an incident that took place the evening of May 22, 2011, when the then 21-year-old defendant killed Bridain Harold. The evidentiary portion of the trial was presented over the course of 20 days spanning January 27 to March 2, 2016. The jury heard the testimony of over 30 witnesses and considered over 150 exhibits.
The People’s position at trial was that Esquivel murdered Harold and had not acted in either perfect or imperfect self-defense.

Serrano did not designate her own complaint for inclusion in the clerk’s transcript. For information about her claims and allegations, we rely on her case management statement, which describes the case as a “Medical Negligence” action. In an attachment to the case management statement, Serrano claims Haddad, without Serrano’s knowledge or consent, injected Kenalog steroids into her breast while she was unconscious during surgery. Serrano suffered injury as a consequence. Haddad advised Serrano to see a dermatologist and allow the injury to heal on its own. A dermatologist told Serrano that as a result of too much steroid having been injected into her, she was suffering from thinning of the skin and fat loss in her breast and the damage would never heal 100 percent.
Haddad filed a motion for summary judgment and, in support, submitted a declaration from his expert, Shahram Mashhadian, M.D. The motion papers are not part of the clerk’s transcript.

The trial court’s costs order explains that it taxed certain costs, resulting in a costs award of $3,451.11. Specifically, the costs allowed by the court consisted of, first, $1,956.95 in “costs associated with Plaintiff’s deposition,” which the court found “recoverable as reasonably necessary deposition costs” based on the invoice Defendants submitted. The court taxed $564.51 in requested deposition costs that were beyond the invoice amount, including for items such as interest charges, but which are otherwise unexplained in the order. The court noted Defendants withdrew their request for $129.29 as the cost for service of process. Finally, the court found that, while per diem costs for a court reporter are recoverable, transcript fees are precluded where the court does not order them. Thus, the court reduced Defendants’ request for $669 in court reporter costs to the $350 per diem amount.