CA Unpub Decisions

Appellant, mother, appeals from the juvenile court's decision to terminate her parental rights to minor pursuant to Welfare and Institutions Code section 366.26.Specifically, mother contends: (1) the juvenile court abused its discretion when it denied her oral motion to continue the section 366.26 hearing so appellant could file a section 388 petition alleging changed circumstances; and (2) the juvenile court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA). (25 U.S.C.A. S 1901 et seq.)

Defendant and appellant was charged with possession of more than an ounce of marijuana, moved to suppress the prosecution's evidence against him, contending that it was the product of an unlawful detention. The trial court denied the motion. Defendant then entered a negotiated plea, and the trial court granted summary probation for a period of three years.
On appeal, defendant contends that the trial court erred in denying his motion to suppress evidence since the police were not justified in detaining him and subsequently searching his car. court disagree and affirm.

On June 1, 2005, the trial court granted plaintiff's motion for a new trial. Defendant appeals from a portion of the trial court's subsequent order which was entered on July 28, 2005. Specifically, Appellant appeals a determination that service in the action was impossible, impracticable or futile from and after October 2, 2002.
Plaintiff cross appeals from the trial court's order of February 28, 2005. That order granted defendant's motion to dismiss the present action as to appellant.

Following plaintiffs' unsuccessful summary judgment motion, respondent brought its own motion for summary judgment. Respondent's motion was granted and the trial court dismissed the action. Plaintiffs appeal, contending the trial court erred in granting defendant's summary judgment motion. Finding no error, court affirm.

Defendant and appellant appeals after the trial court denied the appellant's petition to compel arbitration in the action below. Court affirm.

Defendant and appellant was charged with unlawfully taking a motor vehicle in violation of Vehicle Code section 10851, subdivision (a) (count 1), and receiving stolen property in violation of Penal Code section 496d, subdivision (a) (count 2). Defendant pled guilty to vehicle theft. In exchange, the court dismissed count 2. The court sentenced defendant to six months in jail and three years of probation. Subsequently, the trial court revoked defendant's probation and sentenced defendant to the upper term of 3 years. On appeal, defendant contends that the trial court erred (1) in failing to reinstate his probation; and (2) in sentencing defendant to the upper term. Defendant also contends that his sentence to the upper term violated Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely). Court affirm the judgment.

Defendant and appellant minor admitted as true the allegation in a Welfare and Institutions Code section 602 petition that charged him with grand theft from a person. At a contested dispositional hearing, the prosecution sought to require minor to register as a gang member under section 186.30. The court found by a preponderance of the evidence that the grand theft committed by minor was gang related, within the meaning of section 186.30. The court thus ordered minor to register as a gang member within 10 days of his release.
On appeal, minor contends that: 1) the juvenile court improperly utilized the preponderance of the evidence standard of proof in determining whether his crime was gang related; and 2) there was insufficient evidence to support the court's finding that minor's crime was gang related. Court affirm.

A criminal law decision regarding grand theft from an elderly victim and petty theft with a theft prior.

Appellant appeals the findings and orders entered at the termination of parental rights hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, appellant asks this court to exercise its discretion to review the record for error.

Appellant appeals the findings and orders entered at the termination of parental rights hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, appellant asks this court to exercise its discretion to review the record for error. Respondent asks that the appeal be dismissed. Appellant has filed opposition to the dismissal request.

"An indigent parent's appeal from a judgment or order, obtained by the state, adversely affecting his custody of a child or his status as the child's parent." Court therefore deny appellants requests to review the record for error and to address appellants Anders issue.

In this case of first impression, court conclude the Legislature incorporated principles of criminal liability in section 300, subdivision (f) and in section 361.5, subdivision (b)(4). Because the trial court applied a civil standard of negligence to the facts of this case and interpreted causation to include attenuated circumstances, court grant the petition and remand the case with directions.

A decision regarding a lewd act on a child under the age of 14, sending harmful matter to a minor, child molestation; committing a lewd and lascivious act upon a minor at least 10 years younger, and sexual penetration by foreign object on another person under 18 years of age.

Mother and father of minor, appeal the judgments terminating their parental rights pursuant to Welfare and Institutions Code section 366.26. parent contends the juvenile court erred by not applying the beneficial parent - child relationship exception to termination of parental rights (S 366.26, subd. (c)(1)(A)) and should have ordered a permanent plan of legal guardianship or long - term foster care.