CA Unpub Decisions

“On March 31, 2016, at about 8:00 a.m., Frahs entered a small market in Santa Ana. J. Kim, the store’s owner, refused to sell Frahs a beer; a week earlier Frahs had tried to steal a pack of cigarettes. Frahs went outside of the store and began picking up rocks and throwing them at cars that were passing by. Frahs then reentered the store and walked towards the cooler. Frahs grabbed a can of beer and a can of Red Bull. Kim and his son stood at the front door in order to block Frahs from leaving. Frahs rushed towards the door and tried to push his way through. During the ensuing confrontation, Kim was hit in the head and fell down.” (Frahs I, supra, 27 Cal.App.5th at p. 787.)

1 Further undesignated statutory references are to the Penal Code.

Trial Court Proceedings
“Frahs testified in his own defense. Frahs said that in his early 20s he began hallucinating and experiencing delusions (he was 30 years old at the time of the trial).

In September 2018, Deen and Khwaja (plaintiffs), filed a form complaint for malpractice, personal injury, breach of fiduciary duty and breach of contract against defendants. However, they did not serve the complaint on any defendant.
The court scheduled a case management conference (CMC) for January 28, 2019; plaintiffs sought a continuance of the CMC to pursue mediation on January 8. On January 16, plaintiffs filed a notice of stay of proceedings pursuant to arbitration of attorney fees and costs. The court continued the CMC several times.
Kreditor made a special appearance in connection with the September 13, 2019 CMC to explain the status of the fee arbitration to the court. The court again continued the CMC at the request of plaintiffs.
On September 28, Deen filed a voluntary petition under chapter 13 of the Bankruptcy Code. She followed that with a notice of a purported automatic stay, pursuant to 11 U.S.C. section 362.

On November 7, 2002, Santa Ana Police Officers William Sweet and Robert Ayres saw Viehmeyer, who was driving a 1983 Chevrolet Monte Carlo, make an illegal U-turn. While Viehmeyer was making the U-turn, the car stalled in the curb lane. A private citizen got out of his own car and helped push defendant’s car out of the traffic lanes. Officer Sweet then pulled his patrol car up behind defendant’s car and began pushing defendant’s car with the patrol car. As the officers were pushing defendant’s car toward a gas station, they were informed over the police radio that the car defendant was driving had been reported stolen. The officers decided to wait for additional police units to arrive before attempting to arrest defendant.
“When the officers stopped pushing defendant’s car, defendant ‘immediately’ opened his driver’s side door and got out of the car. Officers Sweet and Ayres exited the patrol car; Officer Sweet drew his gun and ordered defendant to get back in the car.

Baiocchi filed a complaint against Ford alleging a claim under the Song Beverly Consumer Warranty Act (Civ. Code, § 1790 et. seq., the Song Beverly Act)).
In April 2019, Ford served Baiocchi with an offer to compromise pursuant to Code of Civil Procedure section 998 (the 998 offer), which was promptly accepted by Baiocchi’s counsel, Jim Whitworth.
The pertinent terms of the 998 offer were:
“1. Ford will pay [Baiocchi] $27,000.00 which constitutes a statutory buyback on the basis of calculation provided by counsel for Plaintiff . . . .
“2. Ford will additionally pay Plaintiff’s attorney’s fees, expenses and costs in the amount of $10,000.00 or, should the $10,000.00 be refused, Ford is willing to allow the Court to determine, based on a noticed motion filed pursuant to Civil Code section 1794(d), the amount of attorney’s fees, expenses and costs reasonably incurred by Plaintiff’s counsel in the commencement and prosecution of this action, as provided by Civil Code sectio

In April 2004, an information charged Chaker with possessing an assault weapon (Pen. Code, former § 12280, subd. (b), see now § 30605; count 1), and receiving stolen property (§ 496, subd. (a); count 2). At a bench trial two years later, the trial court found Chaker guilty of count 1 but granted his motion to dismiss count 2 (§ 1118). The court sentenced him to three years of formal probation.
In July 2007, Chaker filed a motion requesting early termination of his probation and expungement of his conviction. The next month, the trial court denied the motion without prejudice and stated it would reconsider the motion in one year.
In our nonpublished opinion, People v. Chaker (Feb. 4, 2008, G037362), we affirmed his conviction on count 1.
Months later, the trial court conducted a hearing on Chaker’s motions to reduce his conviction to a misdemeanor (§ 17, subd. (b)), expunge the conviction, and convert formal probation to informal probation.

The subject of this dependency is mother’s four-year-old daughter, A.B. Mother has two other adult children who are not the subjects of this dependency. Father struggles with mental health issues, including bipolar disorder and schizophrenia. He takes psychiatric medication, though he often struggles to remain on these medications. Mother had a criminal history, with an active warrant for shoplifting in Arizona. Father also had a criminal history, a misdemeanor trespassing conviction in 2008, and an aggravated trespassing conviction from August 2020. Father received three years’ probation for the latter and was still on probation when these dependency proceedings began.


A. Events Leading to Dependency Proceedings
Between 2019 and November 2021, police responded to domestic violence calls at mother and father’s residence at least 20 times. Father’s probation officer told the department that at some point police were responding to the parents’ home on a weekly basis.

On October 27, 2000, a jury found defendant guilty of first degree murder under section 187, subdivision (a), and kidnapping under section 207, subdivision (a). The jury also found that defendant personally used a firearm within the meaning of section 12022.5, subdivision (a)(1), and was armed with a firearm within the meaning of section 12022, subdivision (a)(1).
On November 29, 2000, the trial court sentenced defendant to serve 25 years to life in state prison, plus a determinate prison term of 12 years and eight months. After defendant appealed, on May 15, 2002, we affirmed the convictions but ordered that the determinate portion of defendant’s sentence to be reduced to 11 years and eight months in prison. (People v. Jimenez (May 15, 2002 E028628) [nonpub. opn.].)
On January 18, 2019, defendant filed a petition for resentencing under section 1170.95.

Delgado met the victim, Isaac, sometime in the spring of 2018. Though they got along at first, their relationship eventually soured. By September 2018, the relationship deteriorated so much that they had two large fights, one verbal and one physical.
The first fight started several days before the incident on September 18, 2018, when Isaac asked a mutual friend for money. Delgado told the friend not to give Isaac any, and Isaac got in Delgado’s face and yelled at him. Delgado shouted back, and the two yelled at each other until someone else told Isaac to leave. The second fight happened a few days later when Delgado accused Isaac of stealing a gun. Isaac put Delgado in a chokehold, but Delgado managed to break out of the hold and Isaac left.
The next day, September 18, 2018, Isaac called Delgado and a friend to tell them he had a rifle for sale. Delgado was interested in buying the gun, so he and his friend made plans to meet Isaac. Delgado brought a gun with him, but no money.

Palm Terrace is a long-term care facility. Villasenor’s father died in March 2017, allegedly as the result of Palm Terrace’s negligent care. In 2017, Villasenor filed a lawsuit against Palm Terrace based on the alleged wrongful death of his father. Villasenor’s father had been discharged from the facility in August 2016. Villasenor alleged that Palm Terrace failed to prevent his father from developing pressure sores and did not properly treat the pressure sores that developed, causing his father’s eventual death.
In July 2020, Palm Terrace moved for summary judgment on the ground that there was no disputed issue of fact as to whether Palm Terrace’s care caused Villasenor’s father’s death. Palm Terrace also filed an additional motion for summary judgment on a different ground, arguing that there was not a disputed issue of fact as to whether Palm Terrace breached the standard of care. That motion is not included in the record on appeal and is not the subject of this appeal

Anderson was the estranged husband of Karen Smith, a teacher employed by the district. On March 17, 2017, she left him (after he accused her of infidelity) and contacted an attorney to remove him from the house because it was her house. At that time, Smith told her adult daughter that Anderson had previously “told [Smith] that he was going to throw her out of the second story of their house and also chop her up into pieces.” However, Smith never said that Anderson had been physically violent toward her; rather, she stated that she was not afraid of him. Smith’s daughter never observed any injuries on Smith, never witnessed Anderson become violent with her, and never suspected that he may be abusive toward her.
On April 10, 2017, Anderson arrived at the school’s front office under the guise of dropping something off for his wife.

Because this appeal challenges a trial court order sustaining a demurrer, we draw the relevant facts from the operative first amended complaint and judicially noticeable matters. (Hamilton v. Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1608–1609.)
From at least 2005 through 2015, Dr. Parabia had an extensive banking relationship with Wells Fargo and relied on Wells Fargo employees for personal and business banking and financial advice. In September 2005, Dr. Parabia and her brother Sam Parabia executed a promissory note with Wells Fargo, secured by a deed of trust, to pay off a prior loan related to the residential property located on Romero Drive in La Jolla, California (the Property), which was Dr. Parabia’s primary residence.
Beginning in January 2014 and through December 2016, Dr. Parabia made several attempts to modify her mortgage loan with Wells Fargo.

Karla R. and Anthony B. worked at an illegal marijuana dispensary in Spring Valley on the second floor of a business complex. It was a cash business. The cash was stored in a drawer underneath a laptop computer used to record sales. Inside the dispensary, there were seven surveillance cameras connected to a monitor in the back room.
On April 16, 2018, between 11:00 and 11:30 p.m., two armed men entered the dispensary and tried to rob it. They were carrying duffel bags and semiautomatic firearms. One of the men pointed his gun at Karla and ordered her to put the cash from the drawer into one of the duffel bags. She complied. The other man was near Anthony, demanding to know the location and combination for the safe. When Anthony did not tell him, the man pushed him and struck him in the head with his gun.
After being forced to the ground, Anthony got up, ran out of the dispensary, and jumped from the second floor to the ground to escape the robbers.

Karla R. and Anthony B. worked at an illegal marijuana dispensary in Spring Valley on the second floor of a business complex. It was a cash business. The cash was stored in a drawer underneath a laptop computer used to record sales. Inside the dispensary, there were seven surveillance cameras connected to a monitor in the back room.
On April 16, 2018, between 11:00 and 11:30 p.m., two armed men entered the dispensary and tried to rob it. They were carrying duffel bags and semiautomatic firearms. One of the men pointed his gun at Karla and ordered her to put the cash from the drawer into one of the duffel bags. She complied. The other man was near Anthony, demanding to know the location and combination for the safe. When Anthony did not tell him, the man pushed him and struck him in the head with his gun.
After being forced to the ground, Anthony got up, ran out of the dispensary, and jumped from the second floor to the ground to escape the robbers.

Defendant and M.P. were in a dating relationship for approximately 12 years and had two children together. They got into an argument during which defendant threw M.P. around, dragged her by her hair, and punched her in the face. One of the children witnessed the assault. That child reported defendant had also hit him and grabbed him by the neck during the assault on M.P. Both M.P. and the child had injuries.
The trial court denied defendant’s application for mental health diversion (Pen. Code, § 1001.36), and defendant pleaded no contest to inflicting corporal injury on the mother of his children (§ 273.5, subd. (a)) and misdemeanor cruelty to a child, endangering the child’s health (§ 273a, subd. (b)). On the People’s motion, the trial court dismissed the remaining charges with a Harvey waiver.