CA Unpub Decisions

The trial court entered judgment awarding plaintiff, a law firm, nearly $71,000 in unpaid attorney fees, expenses, and prejudgment interest against defendants George Bejvl and Teresa Clark, its former clients. The judgment was based on the courts prior confirmation of an arbitration award obtained under the California Arbitration Act. (Code Civ. Proc., 1280 et seq.; CAA) Defendants appeal, contending they were entitled to pursue nonbinding arbitration of the dispute under the Mandatory Fee Arbitration Act (Bus. & Prof. Code, 6200 et seq.; MFAA), and both the arbitration service that administered the arbitration and the individual arbitrator should have been disqualified because of conflicts of interest. Since defendants waived their rights under the MFAA and have failed to establish any conflict of interest, Court affirm the judgment.

In propria persona plaintiff George Guang Yang was found guilty and ordered to pay $161 on a traffic citation for failing to yield to a pedestrian (Veh. Code, 21950, subd. (a)), and he lost his appeal in the appellate division of the Santa Clara County Superior Court. Thereafter, still in propria persona, he brought a $36 million civil lawsuit against defendant City of San Jose (City) for issuing a wrongful citation and for government corruption. The trial court granted Citys motion for judgment on the pleadings and Yangs complaint was dismissed without leave to amend. In propria persona in this court, Yang appeals the judgment on the pleadings, other orders issued by the trial court, the judgment of the traffic commissioner, and the order of the appellate division affirming the lower court judgment. The judgment is affirmed.

A criminal law decision regarding driving under the influence of alcohol causing injury, and two counts of child abuse and endangerment.

Appellant appeals from denial of his petition for a writ of administrative mandamus to compel the Board to set aside the use permit and the certification of the negative declaration. Appellant contends the use permit violates the parking provisions of the Siskiyou County Code and the negative declaration violated the California Environmental Quality Act because it failed to consider the cumulative environmental impacts of increased parking. Court affirm.

Plaintiff suffered injuries when defendant broadsided her car. A jury awarded Plaintiff $255,000 in damages. Appellant challenges the jury's award, contending juror misconduct marred the trial. Appellant also argues the trial court erred in denying his motion for a new trial on the grounds of excessive damages and insufficiency of the evidence. Plaintiff filed a motion for sanctions against Appellant for filing a frivolous appeal. Court affirm the judgment and deny Appellant's request for sanctions.

Appellant appeals the judgment entered following his plea of no contest to robbery. Pursuant to a plea bargain, defendant admitted a prior conviction within the meaning of the Three Strikes law and a prior prison term within the meaning of Penal. In exchange, the trial court sentenced defendant to a term of 11 years in state prison. Court have examined the entire record and are satisfied defendant's counsel has complied fully with counsel's responsibilities. Because appellant pleaded no contest and failed to obtain a certificate of probable cause, the appeal must be dismissed as inoperative.

Appellant appeals from the trial court's post judgment order revoking probation and executing a previously suspended state prison sentence. Court have examined the entire record and are satisfied Parks's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. The order is affirmed.

Appellant appeals from the orders of the juvenile court that terminated her parental rights over two minors. Court affirm the orders.

On October 18, 2005, the probation department notified the court Appellant had absconded from her residential treatment program. Appellant's probation was summarily revoked and a bench warrant was thereafter issued after Appellant failed to appear in court. A contested probation violation hearing was held on November 18, 2005. The court found Appellant in violation of her probation, revoked and terminated probation, and imposed the previously suspended two year sentence. Appellant filed a notice of appeal.

Appeal from the judgment following nolo contendre plea in case number 1200457 to dissuading a witness. In case number 1162253, appellant entered a nolo contendre plea to robbery and dissuading a witness. Appellant admitted that the robbery was committed in a residence in concert with others and that a principal was armed in the commission of the offenses.

Mother and father appeal the orders that terminated their parental rights to their sons pursuant to section 366.26 of the Welfare and Institutions Code. Mother and father are not married. Father is the children's presumed father. Mother and father contend that (1) the juvenile court lacked sufficient evidence that sons were likely to be adopted, and (2) there were deficiencies in compliance with the requirements of the Indian Child Welfare Act.

In this second appeal in this litigation, defendant and appellant challenges (1) a trial court order issuing an injunction against him, pursuant to Code of Civil Procedure section 527.6, following the issuance of a remittitur; and (2) a subsequent trial court order denying his motion for relief pursuant to section 473, subdivision (b).

Appellant appeals from the juvenile court's adjudication and disposition orders concerning her daughter, Appellantargues that the juvenile court failed to comply with the notice requirements under the Indian Child Welfare Act (ICWA) (25 U.S.C. S 1912(a)). County Counsel on behalf of the Department of Children and Family Services (the Department) concedes the point. Accordingly, court remand the case solely for the purpose of compliance with that Act.

Mother appeals from the juvenile court's order denying her family reunification services and terminating the court's jurisdiction over her surviving children. Court affirm.