CA Unpub Decisions
California Unpublished Decisions
Plaintiff and appellant Jamie Ramirez appeals from an order of dismissal entered following the trial courts sustaining a demurrer without leave to amend filed by defendants and respondents City of Hermosa Beach, Michael Lavin, Thomas Eckert, Steven Endom, and Thomas Bohlin. The trial court ruled that appellants first amended complaint failed to state any cause of action on the basis of allegations that appellant was not promoted by reason of his union activities and was thereafter retaliated against when he indicated he would seek redress for the failure to promote.
Court affirm in part and reverse in part. Court affirm the trial courts ruling as it pertains to the second, third and fifth causes of action, but reverse as to the first cause of action alleging a violation of Government Code section 3502.1 and the fourth cause of action alleging a violation of 42 U.S.C. section 1983 against the individual respondents. |
Ralph Juarez appeals from the judgment entered after he pleaded guilty to possession of heroin (Health & Saf. Code, 11350, subd. (a)), driving under the influence of alcohol and with a blood alcohol level of 0.08 or more (Veh. Code, 23152, subds. (a) & (b)), vehicular evasion of a peace officer (Veh. Code, 2800.1, subd. (a)), and driving on a suspended license (Veh. Code, 14601.2, subd. (a)). He also admitted violating his probation in a prior case in which he was convicted of petty theft with a prior conviction (Pen. Code, 484, 666) by failing to report to his probation officer, and his probation was revoked. Pursuant to his plea and admission, he was sentenced to two years eight months in state prison, consisting of the midterm of two years on the possession count plus eight months (one-third of the midterm) on the petty theft with a prior conviction giving rise to his probation violation. Concurrent sentences were imposed on the remaining counts. The parties stipulated that Juarez had served his sentence in county jail, and the court accordingly ordered him released from custody pursuant to Penal Code section 1170, subdivision (a)(3). Because Juarez pleaded guilty and admitted the probation violation, the facts are derived from the probation officer's report. On August 15, 2005, Juarez pleaded guilty to petty theft with a prior conviction and admitted a prior prison term pursuant to Penal Code section 667.5, subdivision (b). Imposition of sentence was suspended and he was placed on three years formal probation, including conditions that he serve 273 days in county jail and refrain from using drugs. On August 25, 2005, probation was modified and Juarez was ordered to enter a residential drug treatment program by September 14, 2005. Juarez tested positive for opiates on August 30, 2005, and thereafter failed to report to his probation officer. A warrant for his arrest was issued on September 16, 2005, and he failed to appear for a court hearing on September 29. Court have examined the entire record and are satisfied that Juarez's attorney has fully complied with his responsibilities of counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.
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Amber G. appeals from the juvenile courts order sustaining two petitions pursuant to Welfare and Institutions Code section 602. That order was made following the juvenile courts finding appellant committed the crimes of attempted robbery and grand theft. In the events giving rise to the first petition, appellant and three other girls approached three women, in succession, at or near a bus stop. In each of the first two incidents, they surrounded the victim, demanded money, grabbed the victims purse, removed money from the purse, and fled to a nearby 98 Cents store. One of the girls also reached inside the second womans pockets. In the third incident, the victim screamed and a man came to her assistance. The girls fled to the 98 Cents store. An employee of a McDonalds restaurant across the street who had observed the girls committing the crimes told two police officers who came into the restaurant to eat. All four girls were apprehended quickly and the McDonalds employee identified them. The court found the attempted second degree robbery allegation true and declared the offense a felony. It declared appellant a ward of the court. Disposition was continued pending adjudication of the second petition.
Court have examined the entire record and are satisfied appellants attorney has fully complied with her responsibilities and that no arguable issue exists. (Peoplev. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed. |
Jesus P. appeals from the January 9, 2007 order removing Samantha P. from his physical custody (Welf. & Inst. Code, 361, subd. (c)) after the juvenile court sustained the dependency petition ( 300, subds. (b) & (j)) and expressly found that removal was necessary to protect Samantha P. and reasonable efforts had been made to prevent or eliminate the need for her removal from Jesus P. (Father) and Augustina R. (Mother).
On appeal, Father contends the evidence is insufficient to support the juvenile courts finding that reasonable efforts had been made to avoid the removal of Samantha P. from his physical custody. Court affirm the order. The overwhelming evidence establishes that the efforts made by the Los Angeles County Department of Children and Family Services (DCFS) to prevent or eliminate the need for Samantha P.s removal were reasonable; these efforts were unsuccessful; and further efforts would not have been successful. |
Defendant appeals an order recommitting him to the Department of Mental Health (DMH) for treatment as a mentally disordered offender (MDO) (Pen. Code, 2962). He contends the evidence is insufficient to support the finding that his commitment offense of possessing a concealed dirk or dagger ( 12020) involved an express or implied threat of force or violence, as contemplated by subdivision (e)(2)(Q) of section 2962. Court affirm.
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On November 9, 2005, pursuant to Penal Code sections 3041 and 3042,[1]the Board of Parole Hearings (the Board) found Paul Hyde, a prisoner confined in the California Department of Corrections and Rehabilitation, unsuitable for parole and declined to set a parole date. Hyde filed a timely petition for a writ of habeas corpus in the Los Angeles County Superior Court challenging the sufficiency of the evidence supporting the Boards decision. On January 3, 2007, the superior court issued an order granting the petition. The People of the State of California appeal from the January 3, 2007, order.[2]
The People contend that the superior court ignored the relevant standard of judicial review and that the Boards decision Hyde was unsuitable for parole is supported by some evidence, which is all that is required to satisfy the requirements of due process. Court find merit in the Peoples contention and reverse the superior courts order, thereby reinstating the Boards decision. |
Based upon a search of minor Jullien O.s residence and garage, he was charged with possession of four illegal weapons--a short-barreled shotgun (count I), a short-barreled rifle (count II) and two assault rifles (counts III and IV). During a contested jurisdictional hearing, the juvenile court dismissed counts II, III, and IV, but sustained count I, the possession of the short barreled shotgun. The court continued the minor as a ward of the court and committed him to the Sacramento County Boys Ranch.
The minor appeals, contending that (1) the evidence is insufficient to prove he had actual knowledge that the short barreled shotgun was unusually short, (2) a new dispositional hearing is required because the court failed to obtain a current probation officers report, and (3) the court improperly ordered him to pay the cost of drug testing as a condition of probation. Court reject the minors first contention, but, like the People, Court agree with his second claim. Therefore, Court vacate the dispositional orders and remand for a new dispositional hearing. |
In case No. 05F1771, defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)). The trial court imposed 36 months of formal probation and ordered defendant to pay a $157.50 lab fee, a $220 restitution fine, and a $128 booking fee. Defendant subsequently admitted to violating his probation.
In case No. 06F4528, defendant pleaded no contest to willfully evading an officer (Veh. Code, 2800.2), possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)), resisting or obstructing a public officer (Pen. Code, 148, subdivision (a)(1)), possession of a hypodermic needle (Bus. & Prof. Code, 4140), being under the influence of methamphetamine (Health & Saf. Code, 11550, subd. (a)), misdemeanor evading an officer (Veh. Code, 2800, subd. (a)), and admitted a prior prison term allegation. Court appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, Court find no arguable error that would result in a disposition more favorable to defendant. The judgment is affirmed. |
Lisa C., mother of the minor, appeals from orders of the juvenile court continuing the minor in out-of-home placement. (Welf. & Inst. Code, 366.21, subd. (e), 395.) Appellant contends the Sacramento County Department of Health and Human Services (DHHS) failed to show it would be detrimental to the minor to place him in her care. Court affirm.
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After a jury acquitted Fernando Vasquez of first-degree murder and failed to reach a verdict on the charge of second-degree murder, Vasquez pled guilty to voluntary manslaughter (Pen. Code, 192 ) and personal use of a deadly weapon ( 12022, subd. (b)(1)). The court sentenced Vasquez to 12 years in state prison, consisting of the upper term of 11 years for voluntary manslaughter and a consecutive one year term for the personal use enhancement. Vasquez appealed, contending the trial court abused its discretion by sentencing him to the upper term for voluntary manslaughter. The sentence is vacated and the matter remanded to the trial court for resentencing consistent with this opinion. In all other respects, the judgment is affirmed.
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Plaintiffs, McKean Natural Gas Company and John Vertullo (together McKean), appeal a judgment in favor of defendant, the City of San Diego (the City), and intervenor, Neighborhood Organization for Preserving Open-Space Designation (NOPOD), entered after the court sustained without leave to amend their demurrer to the first amended complaint. McKean contends the court erred by finding it was required to challenge the City's action through a petition for writ of administrative mandamus (Code Civ. Proc.,
1094.5), and the first amended complaint sufficiently stated a cause of action under 42 United States Code section 1983 for violation of its constitutional equal protection rights. Court affirm the judgment. |
Lydia Perez appeals from an order setting aside a default judgment entered against Basilio Perez that dissolved their marriage and divided their community assets and debts. She contends the trial court erred when it set aside the default judgment without engaging in the fact finding analysis of Family Code sections 2121 and 2125. (All undesignated statutory references are to the Family Code.) Court conclude that the record supports relief under Code of Civil Procedure section 473 and affirm the order on that ground.
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Reginald Howard pleaded guilty to selling cocaine base (Health & Saf. Code, 11352, subd. (a); Pen. Code, 1203.073, subd. (b)(7)), possessing cocaine base for sale (Health & Saf. Code, 11351.5), and misdemeanor giving false information to a peace officer (Pen. Code, 148.9, subd. (a)), with the first two counts each enhanced by four prior Health and Safety Code section 11352 convictions (Health & Saf. Code, 11370.2, subd. (a)) and accompanied by one no probation prior conviction (Pen. Code, 1203.07, subd. (a)(11)). The court dismissed all but one of the Health and Safety Code section 11370.2 enhancements and suspended execution of a six-year prison sentence: the three-year lower term for selling cocaine base, a stayed (Pen. Code, 654) three year lower term for possessing cocaine base for sale and three years for the remaining Health and Safety Code section 11370.2, subdivision (a) enhancement. It suspended criminal proceedings (Welf. & Inst. Code, 3051) and ordered Howard committed to the California Department of Corrections and Rehabilitation. Later, it reinstated criminal proceedings and executed the sentence. Howard appeals. Court affirm.
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Reginald D. appeals an order of the juvenile court made at a six month review hearing involving his dependent children J.R., E.D. and Moses D. (collectively the minors). Reginald contends the court abused its discretion by ordering that his visits with the minors remain supervised. He also challenges the validity of the court's visitation order as impermissibly vague. Court affirm the order.
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