CA Unpub Decisions

Petitioner seeks an extraordinary writ to vacate the orders of the juvenile court removing her children, and setting a Welfare and Institutions Code section 366.26 hearing to implement a permanent plan of adoption. Court deny the petition.

The juvenile court sustained petitions with allegations pursuant to section 300, subdivisions (a) and (b) of the Welfare and Institutions Code Father asserts there was insufficient evidence to support the section 300, subdivision (i) jurisdictional finding. Father also contends there was insufficient evidence to support the dispositional order removing the children from his custody. Finally, father contends the juvenile court abused its discretion in ordering supervised visitation with his children. Court disagree and affirm.

Former minor contends the juvenile court abused its discretion by placing him at the California Youth Authority (CYA) after appellant admitted carrying a loaded firearm and leaving the scene of an accident. Court affirm the disposition.

Plaintiff and appellant appeals from the judgment entered after the trial court granted summary judgment in favor of defendant and respondent. Court affirm.

A criminal law decision regarding continuous sexual abuse of his daughter, a child under 14 years of age, a lewd act on his daughter, a child under 14 years of age, a lewd act on his daughter, a child 14 or 15 years of age and 10 or more years younger than accuse, and a forcible rape of his daughter.

A criminal law decision regarding possession of a nunchaku; and possession of methamphetamine.

Mother appeals from the jurisdictional and disposition findings and orders of the juvenile court in which the court declared mother's daughter, a dependent of the court, and ordered her removed from mother's care. Mother contends there was insufficient evidence to support the court's jurisdiction order, which was founded on the court's finding that mother's boyfriend sexually molested child. Mother also argues that there was insufficient evidence supporting the lower court's order removing child from mother's care. Court conclude there was substantial evidence supporting the juvenile court's jurisdictional and disposition orders, and affirm the judgment.

Appellant challenges the trial court's denial of his motion to withdraw his guilty plea. Appellant contends his mental condition prevented him from exercising his free and clear judgment when he pled guilty, his counsel was ineffective, and the trial court misunderstood the extent of its power to set aside the guilty plea. Court conclude that the trial court did not conduct a meaningful hearing on the substance of appellant's motion to withdraw his plea. Therefore, court conditionally reverse the conviction and remand this matter to the trial court with directions to hold a hearing on the motion.

Plaintiff and appellant appeals a trial court's order awarding defendants and respondents, the association, attorney fees under Civil Code section 1354, subdivision (c).Court affirm the order.

Defendant entered a negotiated guilty plea to being a felon in possession of a firearm and admitted two prior strikes and serving five prior prison terms. The court struck one prior strike and two prior prison term findings and sentenced defendant to prison for seven years: double the two year middle term for unlawfully possessing a firearm enhanced by three 1 year terms for the prior prison terms. The record does not include a certificate of probable cause.

A prison inmate, appeals the dismissal of a pro se civil action he filed against the California Department of Corrections, several prison guards and others (collectively, the defendants). Appellant contends the trial court abused its discretion when it dismissed his action without prejudice for failing to timely serve the defendants. Court affirm.

Inmate appeals a judgment of dismissal in favor of defendants defendants in his action against them for injuries appellant suffered while incarcerated. Appellant contends that the trial court abused its discretion in dismissing the action under Code of Civil Procedure section 583.410, subdivision (a)(1), the discretionary dismissal statute. Court agree and reverse the judgment.

Appeal from a judgment of conviction of two counts of battery on a peace officer by gassing. Appellant contends that (1) the court violated his constitutional rights by requiring him to wear a stun belt during trial; (2) the prosecutor's evidence submitted at the bifurcated trial on the prior conviction enhancements was incompetent under Evidence Code section 1280, subdivision (c); and (3) the abstract of judgment must be amended to reflect the actual custody credits ordered by the trial court at the sentencing hearing. court find appellant's first two arguments unavailing, although as conceded by the Attorney General, his third contention is well taken. Accordingly, court reverse the judgment insofar as it sets forth appellant's custody credits and remand the matter for correction of the abstract of judgment, but otherwise affirm.

Appeal from the trial court's denial of special motion to strike brought pursuant to Code of Civil Procedure section 425.16. In her motion, Appellant argues that the declaratory relief lawsuit filed against her by American Meat Institute and National Meat Association (the Trade Associations) was a strategic lawsuit against public participation (SLAPP) in that it was filed in response to her service of notices on the Trade Associations' members alleging that they sold meat containing cancer causing chemicals and reproductive toxins without giving the warning required by Health and Safety Code section 25249 et seq. Court affirm the trial court's order.