CA Unpub Decisions

Veronica Godinez appeals from an order of the family court denying her request for an increase in spousal support. Court affirm the order.

Petitioner Antoria Louie (Louie) challenges an order compelling arbitration of her employment discrimination suit against her employer, real party in interest, PPG Industries, Incorporated (PPG). Assuming, without deciding, that the parties entered into a valid arbitration agreement, Court conclude that that agreement is procedurally and substantively unconscionable. Accordingly, Court grant the petition and issue a peremptory writ of mandate directing the trial court to set aside its order compelling arbitration.

Elaine A. (mother) filed a petition for extraordinary relief, pursuant to California Rules of Court, rule 8.452, contending that the juvenile courts order denying her reunification services and setting a Welfare and Institutions Code section 366.26 permanency planning hearing for her son, Ruben V. (Ruben), was an abuse of discretion because it is in Rubens best interest that she receive reunification services. In addition, mother argues that the juvenile court failed to properly consider Rubens sibling relationships. Court deny the petition.

On February 20, 2007, the United States Supreme Court granted a petition for writ of certiorari in this case, vacated the judgment of this court and remanded the case to us for further consideration in light of Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856] (Cunningham). We directed the parties to submit supplemental briefs addressing the Cunningham issues only. Since that time, the California Supreme Court has issued its decisions in People v. Black (July 19, 2007, S126182) Cal.4th (Black II) and People v. Sandoval (July 19, 2007, S148917) Cal.4th. Upon further consideration of the matter, we conclude that sentencing was proper. Court reissue our previous opinion as follows with a new section dealing with the Cunningham issues.

A modification decision.

On July 7, 2005, the Santa Cruz County District Attorney filed an amended information in case No. F09677 charging appellant with various offenses occurring on different dates. Counts one through seven were alleged to have occurred on January 15, 2005. Count one charged battery with injury on a police officer (Pen. Code, 243, subd. (a)(2)); count two, resisting a police officer with serious bodily injury (Pen. Code, 148.10); count three, possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)); count four, resisting a police officer (Pen. Code, 148, subd. (a)(1)); count five, driving under the influence of drugs or alcohol (Veh. Code, 23152, subd. (a)); count six, driving with a blood alcohol level of .08 (Veh. Code, 23152, subd. (b)); and count seven, driving with a suspended license (Veh. Code, 14601.2 subd. (a)). As to counts one through three, the information alleged that at the time of the commission of the offenses appellant was released from custody within the meaning of Penal Code section 12022.1. The judgment is reversed. The matter is remanded to the trial court for a new trial.

Appellant Laura R. appeals from the juvenile courts denial of her Welfare and Institutions Code section 388 petition and termination of her parental rights to four year old Delilah R. and three year old I.R. Laura contends that the juvenile court abused its discretion in denying her section 388 petition because it gave inadequate consideration to her efforts to become a fit parent and concentrated solely on the strength of the childrens bond to their relative caretaker. Court find no abuse of discretion and affirm the juvenile courts orders.

Raymond A. Chamberlin (Chamberlin) appeals from an order and judgment denying in part and granting in part his petition for a writ of mandate, challenging the decisions of the City of Albany (Albany) and the City of Berkeley (Berkeley) to adopt negative declarations and approve the reconfiguration of portions of Marin Avenue within each citys jurisdiction.
Court affirm in part and reverse in part. With respect to Albany, Court affirm because the petition was not timely filed. With respect to Berkeley, on Chamberlins appeal, Court hold the court did not err by denying Chamberlins request for an order directing Berkeley to prepare an EIR. Based upon Chamberlins concession with respect to Berkeleys cross appeal, Court reverse the judgment to the extent that the court directed Berkeley to perform additional environmental review of the issue of traffic diversion.

A jury found Joseph Vincent Romeo guilty of 14 counts of drug and weapon charges and special allegations, and the court sentenced him to a prison term of 10 years. Romeo appeals, claiming insufficient evidence for his convictions on two of the counts, possession of a billy (count 12; Pen. Code, 12020, subd. (a)(1)) and possession of methamphetamine for sale (count 14; Health & Saf. Code, 11378). Court affirm.

A jury convicted defendant Larry Redic of false imprisonment, kidnapping, and multiple sex offenses against two victims. The trial court sentenced him to an aggregate indeterminate term of 40 years to life in state prison, and consecutive determinate terms aggregating to 15 years. Defendant contends that the trial court erred in admitting a taped statement given to police by one of the victims, and committed various errors in sentencing. Court modify the judgment by striking the concurrent sentence of life in prison with the possibility of parole imposed for kidnapping on count eight and instead staying sentence on that count. Except as so modified, Court affirm the judgment.

Defendant George Johnson appeals from the courts judgment revoking his probation and imposing a three year upper term sentence following a contested revocation hearing. Court affirm the judgment.

Deborah L. Rivera (Rivera) appeals the dismissal of her first amended complaint against the Hopland Band of Pomo Indians Economic Development Corporation (EDC) for breach of her employment contract, after a demurrer was sustained without leave to amend. Rivera contends the trial court erroneously sustained the demurrer and denied her leave to amend. Court affirm.

After finding the results of a blood alcohol analysis unreliable, the trial court granted a writ of mandate setting aside the decision of the Department of Motor Vehicles (DMV) to suspend the driving privileges of Laura Ann Berezin. Court agree with the DMV that the blood alcohol analysis was sufficient to sustain Berezins suspension. Accordingly, Court reverse the judgment and remand the matter for further proceedings.

Appellant appeals from the judgment entered after his guilty plea. His counsel raises no issues and asks this court for an independent review of the record as required by People v.Wende (1979) 25 Cal.3d 436. Our independent review of the record reveals no arguable issues.