CA Unpub Decisions

In 2011, respondent William Zell (Zell), a New York resident, received an unsolicited offer from appellant SP Investment Fund III, LLC (SP) to buy Zell’s single-unit share of a New York limited partnership for $3,600. Zell accepted the offer and signed a one-page purchase agreement, which stated that he agreed to sell, and SP agreed to buy, “all of Seller’s Rights and Claims relating to” the partnership. A year and a half later, SP advised Zell that the partnership had not approved the transfer of Zell’s unit, and thus Zell would remain its record owner. SP asserted, however, that the purchase agreement nonetheless remained in force, and Zell would be obligated to transfer to SP all income and distributions he received from the partnership and to vote his partnership interest as SP directed.

Defendant Lakisha Young shot and killed Jeron Smith in East Oakland in front of several witnesses, and a residential security camera recorded the killing. Young’s primary defense was that she shot Smith in self-defense after they argued and he threatened to get a gun. A jury determined otherwise, convicting her of one count of second degree murder and finding true three firearm-related enhancement allegations, including that she personally and intentionally discharged a firearm causing death. The trial court sentenced her to 40 years to life in prison.

In 2005, Charles Green, Sr. (Charles Green) and Albert Rawlins (Rawlins) began their long-running battle for the pastorship of Apostolic Bible Way Church, Inc. (Apostolic). The dispute involved multiple lawsuits as well as an appeal to Apostolic’s governing church body. Eventually, Rawlins acquired control of the church and its properties.
In 2007, while the pastorship was in dispute, Charles Green obtained a $150,000 loan secured by a deed of trust against one of Apostolic’s properties. Five years later, the loan defaulted and the lenders commenced foreclosure. After the deed of trust was declared null and void, Fidelity National Title Insurance Company (Fidelity), the lenders’ title insurer, paid $150,000 to its insureds to settle their claim.

After a hearing to determine his competency to proceed, appellant J.M., then 13 years old, was found competent, within the meaning of Welfare and Institutions Code section 709. He subsequently admitted multiple charges of auto theft and burglary and was declared a ward of the juvenile court. On appeal, he challenges the court’s competency determination, contending that the court erred by rejecting the evidence provided by two experts who had found him incompetent. We find substantial evidence to support the juvenile court’s determination that appellant met the statutory criteria for competency and therefore must affirm the order.

This appeal arises from a family dispute over the administration of the estate of Ruth Evelyn Cardenas (decedent). Petitioner and appellant Bonnie Cardenas and objector and respondent Leana Weathersby are both daughters of the decedent. Each sought appointment as the personal representative of the estate. The estate’s only asset is a house (the property) located in Los Angeles County, in which Cardenas and her immediate family, including her minor daughter, Nikole Bustamante, reside. Weathersby contends that the decedent died intestate. Cardenas disagrees, contending the decedent executed a will leaving everything she owned to Cardenas and granting Bustamante a life estate in the property.

Defendant Ryan Matthew Haley sexually abused three boys, N.T., N.R., and N.B., over the span of several years. He was convicted by jury of 19 counts of committing a lewd or lascivious act on a child under the age of 14 years (Counts 1-11, involving N.T.; Counts 12-19, involving N.R.), and one count of committing a forcible lewd or lascivious act on a child under the age of 14 years (Count 20, involving N.B.). The jury also found defendant committed these offenses against two or more victims. Defendant was further convicted of possession of child pornography (Count 21), having entered a no contest plea with respect to that count prior to the presentation of the evidence at trial. The trial court sentenced defendant to state prison for an aggregate indeterminate term of 300 years to life consecutive to a determinate term of two years.

In this dependency case (Welf. & Inst. Code, § 300 et seq.), E.S. (Mother) challenges the sufficiency of the evidence supporting the jurisdiction finding against her. We conclude the evidence presented at the adjudication hearing was insufficient to support jurisdiction and therefore reverse the finding as well as the disposition order and the custody order the juvenile court issued upon termination of dependency jurisdiction. As explained below, we remand the matter to the family court for a hearing on custody and visitation.

Defendant Andre Brown appeals his conviction, following a no contest plea, of felony vandalism (Pen. Code, § 594) and misdemeanor domestic violence (Pen. Code, § 273.5). Defendant appealed from the denial of his motion to withdraw his plea, and did not obtain a certificate of probable cause allowing him to pursue any other arguments on appeal. (See People v. Espinoza (2018) 22 Cal.App.5th 794, 799.)
On August 24, 2018, defendant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). The brief included a declaration that counsel would write to defendant, explaining the brief counsel was filing, and informing defendant of his right to file a supplemental brief. This court sent defendant a notice advising him that a Wende brief had been filed and that he had 30 days to submit a brief or letter raising any issues he wished us to consider. Defendant did not file a supplemental brief.

James Keppley was convicted of identity theft and access card account information theft with respect to Kevin Brady. Following a contested restitution hearing, the court ordered him to pay restitution to the victim for losses stemming from a burglary of the victim’s home. On appeal, Keppley argues, respondent concedes, and we agree that the court erred in awarding restitution for losses stemming from the burglary. We also conclude the court erred in awarding restitution to J.P. Morgan Chase Bank for losses stemming from the unauthorized use of a second victim’s credit card. We reverse the portion of the post-judgment order awarding this restitution.

Appellants contend Respondents (a Japanese accounting firm and an independent contractor who works with the firm) breached their fiduciary duty by falsely representing facts during a meeting in Tokyo, Japan, causing Appellants to lose their ownership interest in a property located in California. Appellants filed a complaint alleging breach of fiduciary duty. Respondents specially appeared and moved to quash service of the summons and the complaint based on lack of personal jurisdiction, which the trial court granted. We exercise an independent review of the record and find the California court should not exercise specific jurisdiction. We therefore affirm the trial court’s ruling.

Defendant Peter N. Ramirez appeals his conviction for assault with a deadly weapon following a jury trial. He argues instructional error and the court’s exclusion of evidence warrant reversal. We affirm because substantial evidence did not support the instruction and the excluded evidence was not relevant to the case.

The trial court granted an unopposed summary judgment motion by defendant Fidelity National Title Company on plaintiff Anosuya Datta’s claim of wrongful foreclosure. Plaintiff sought reconsideration (treated by the trial court as a motion for a new trial). Plaintiff contended “new or different facts and circumstances” showed defendant had no authority to conduct the trustee’s sale of plaintiff’s home, because of an alleged defect in the chain of assignment of the deed of trust – a defect that came to plaintiff’s attention after the summary judgment hearing. The trial court denied the new trial motion.

Plaintiffs and appellants Natural Resources Defense Council, Inc. and Los Angeles Waterkeeper (plaintiffs) filed a petition for writ of administrative mandamus against the State Water Resources Control Board (State Board) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) (defendants) seeking an order setting aside the 2012 Los Angeles County Municipal Separate Storm Sewer System (Los Angeles County MS4 ) permit (2012 Permit), a National Pollutant Discharge Elimination System (NPDES) permit that regulates MS4 discharges of storm water and urban runoff.

Defendant Francis Shyanguya was convicted after court trial of misdemeanor spousal battery (Pen. Code, § 243, subd. (e)). The court sentenced defendant to 300 days in county jail.
On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts, but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. That period has elapsed and we have received no response from defendant.
Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. Following the California Supreme Court’s direction in Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case.