CA Unpub Decisions

A jury found Robert Santisteven guilty of first degree murder and found true the allegation that, in committing the murder, he personally and intentionally discharged a firearm in violation of Penal Code sections 12022.5, subdivision (a), and 12022.53, subdivision (d). Defendant argues on appeal that the trial court breached its sua sponte instructional duty by failing to give an accomplice jury instruction and abused its discretion by admitting jail notes. He also claims he is entitled to the benefit of the statutory change allowing the trial court discretion to strike the firearm enhancements and asks for his case to be remanded for resentencing. We will remand the matter for further consideration of the firearm enhancements and otherwise affirm the judgment.

In this family law proceeding, appellant Daun A. (Mother) challenges a trial court order declining to modify an existing child custody arrangement. According to the trial court’s summary of the relevant facts, Mother moved to Redding in July 2014; respondent Roy A. (Father) lives in Pleasant Hill; they are the parents of two children, a daughter born in 2004 (Daughter) and a son born in 2007 (Son), who attend school in Pleasant Hill.

Donald E. Clark, who was tried with two codefendants for operating a heroin distribution house in Richmond, appeals from his conviction of multiple drug and weapons offenses and enhancements that resulted in a 12-year prison sentence. He contends on appeal that one enhancement for personal arming while in possession of a controlled substance for sale was not supported by substantial evidence. In supplemental briefing he invokes last year’s Senate Bill No. 180, which amended Health and Safety Code section 11370.2 so as to effectively abolish certain prior felony drug conviction enhancements, including those for which Clark was sentenced. Clark argues the amendment applies retroactively to his case, and the Attorney General agrees. And finally, the parties agree a typographical error on Clark’s abstract of judgment should be corrected.

Ralph E. Franklin appeals a judgment of conviction of possession for sale of drugs and possession of firearms and ammunition (Health and Saf. Code, § 11351; Pen. Code, §§ 30305, subd. (a), 29900, subd. (a)(1), 30605, subd. (a)), as well as related enhancements. (Pen. Code, § 12022, subd. (a)(1).) He contends the trial court prejudicially erred when it admitted evidence of the facts underlying a 2007 prior conviction for possession of a controlled substance with intent to sell. We see no error and will affirm.

After the trial court denied defendant Nicholas Michael Claiborne’s motion to suppress evidence (Pen. Code, § 1538.5), defendant pleaded no contest to possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)) and receiving stolen property valued under $950 (Pen. Code, § 496, subd. (a)). The trial court suspended imposition of sentence and granted probation for three years. We conclude that the warrantless search of defendant’s house violated the Fourth Amendment and reverse the judgment.

Plaintiff Daniel Orozco appeals from a judgment granting final approval of his class action settlement with defendant Pebble Beach Company. Plaintiff contends that the trial court abused its discretion when it reduced the request for attorney’s fees. We affirm.

Cisco Systems, Inc. (Cisco) seeks review of a postjudgment order denying its request for attorney fees after it successfully moved for summary judgment on a cause of action for misappropriation of trade secrets brought by plaintiff Leadfactors, LLC. (Leadfactors). This appeal has been considered with Leadfactors, LLC v. Cisco Systems, Inc. (H043081), the appeal brought by Leadfactors from the underlying judgment in Cisco’s favor.

Plaintiff Leadfactors, LLC (Leadfactors) appeals from a judgment entered in favor of defendant Cisco Systems, Inc. (Cisco) in this action for misappropriation of trade secrets and breach of contract. Leadfactors contends that the court erred by sustaining Cisco’s demurrer on the breach of contract cause of action without leave to amend and by summarily adjudicating the misappropriation claim. We conclude that the demurrer was properly sustained but that triable issues of fact exist which defeat the motion for summary judgment. Accordingly, we must reverse the judgment.

V.M. (father), joined by L.T. (mother), appeals the juvenile court’s summary denial of father’s Welfare and Institutions Code section 388 petition requesting reunification services to be reinstated as to one of his children. Parents argue on appeal the court abused its discretion in determining father had not made a prima facie case of changed circumstances nor that the request would be in the best interests of the child. We disagree and affirm.

In February 2017, appellant was declared a ward of the juvenile court after the court found true that he had committed (1) residential burglary (Pen. Code, § 459 ); (2) robbery (§ 211); (3) assault with a deadly weapon. Appellant was ordered to serve 80 hours community service, along with other terms and conditions.
Prior to the juvenile proceeding, appellant confessed to the commission of these crimes to a police officer while undergoing a custodial interrogation. He argues that the juvenile court prejudicially erred in allowing admission of his statements, which he contends were obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). He further asserts that the court misapplied the presumption of his incapacity to commit at least some of the charged crimes. Finally, he contends substantial evidence does not support the court’s implied finding of his capacity. We affirm.

A jury convicted defendant Douglas Levon Dawkins of robbing a Dollar Tree store manager who was placing the store’s deposit into an outside bank drop box. The court sentenced him to an effective total term of 41 years to life: an indeterminate term of 25 years to life for the robbery conviction, based upon the “Three Strikes” law, with a consecutive determinate term of 16 years, composed of five years for each of three serious felony priors and a consecutive one year for one prison prior enhancement.

The juvenile court terminated the parental rights of K.G. (Mother) and J.M.H. (Father) to their daughter, J.H. (Minor). (Welf. & Inst. Code, § 366.26.) Father contends the juvenile court (1) failed to adequately inquire into Minor’s possible Native American Ancestry, and (2) failed to make a determination concerning the applicability of the Indian Child Welfare Act (ICWA). Further, Father contends San Bernardino County Children and Family Services (the Department) failed to satisfy its duties of inquiry and notice pursuant to ICWA. We affirm the judgment.

A jury convicted Brian Daniel Alatorre of three counts of kidnapping during a carjacking (Pen. Code, § 209.5, subd. (a); counts 1, 2 & 3), and found true allegations that Alatorre personally used a knife in the commission of the offenses within the meaning of section 12022, subdivision (b)(2). The trial court found true that Alatorre suffered one prior strike conviction within the meaning of sections 667, subdivisions (b)-(j), and 1170.12. In February 2018, it sentenced Alatorre to nine years plus 42 years to life in state prison, consisting of a consecutive term of seven years to life doubled to 14 years to life for each of the three counts, plus a consecutive three-year term for each knife-use enhancement under section 12022, subdivision (b)(2).

In this defamation case, plaintiff and respondent Commodity Trucking Acquisition, LLC (Commodity) sued a former employee, defendant and appellant Thomas Aylott (Aylott), as well as the attorney and law firm who were representing Aylott in an underlying employment case, defendants and appellants Daniel M. Gilleon and the Gilleon Law Firm (together Gilleon). Commodity alleged its business was slandered and libeled when Gilleon and Aylott (sometimes together Defendants) each made statements to the press while publicizing the employment action, claiming Aylott was fired because he did not cooperate when his supervisor wanted him to text about Commodity work while he was driving.