CA Unpub Decisions

C.W. appeals the juvenile court orders terminating her parental rights to her minor daughters C.J. and A.J. under Welfare and Institutions Code section 366.26. C.W. contends the court erred by finding the beneficial parent-child relationship exception to adoption did not apply. We reject this contention and affirm the orders.

We independently review the record in this case consistent with our obligations under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Finding no arguable issues, we affirm the judgment.

The People charged Kenneth George Malke with felony vandalism (Pen. Code,
§ 594, subd. (a)(b)(1)) but he pleaded guilty to the lesser included offense of misdemeanor vandalism (§17, subd. (b)), admitting he had "intentionally damaged property owned by another and the damage was $400 or more." He agreed to pay restitution. The court sentenced Malke to three years summary probation and imposed a $16,202.30 restitution fine.
Malke appeals the restitution order, contending: (1) the court reversibly erred by holding a restitution hearing in his absence and without his knowing and intelligent waiver; (2) in ordering him to pay $9,138 in restitution for additional security officers, the court erroneously failed to apply tort principles of proximate causation and foreseeability; and (3) in ruling on the issue of additional security officers, the court erroneously relied on its own personal experience. We affirm the order.

Defendant Oscar Urrutia went on a rampage against a married couple and their home in Spring Valley on August 24, 2017, for no apparent reason. Defendant was ranting, yelling, and throwing rocks at them. The husband described Urrutia as "off-the-wall crazy talking." Urrutia said a helicopter flying overhead was trying to kill him, and "they'd been trying to kill him since he was young." He also talked about aliens. He kicked and threw rocks at their garage door, causing more than $400 worth of damage to the door. A jury found Urrutia not guilty of making criminal threats and convicted him of felony vandalism. (Pen. Code, § 594, subds. (a), (b)(1).) On January 4, 2018, the trial court suspended imposition of sentence and placed Urrutia on felony probation for three years on various terms and conditions.

Imagine Tile & Stone, Inc. (Imagine Tile) appeals an order denying its motion to set aside a default judgment under Code of Civil Procedure section 473.5, contending: (1) the court applied the wrong legal standard in ruling that its president, Daniel Ellis, failed to show he did not receive notice of the verified initial cross complaint filed by Jared and Shari Teach (the Teaches); and (2) it was entitled to relief because Daniel's son, Matthew Ellis, another Imagine Tile principal, also declared he had not received notice of the amended cross-complaint but the court's ruling did not address his declaration. We affirm.

A jury convicted Gloria Robles Bernal of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a)) with a true finding that a person was present in the residence at the time (§ 667.5, subd. (c)(21)), making a criminal threat (§ 422, subd. (a)), and being an accessory after the fact (§ 32). The trial court sentenced Bernal to a total determinate term of five years four months in prison, consisting of the middle term of four years for the burglary conviction, one-third of the middle term of two years for the criminal threat conviction (or eight months), and one-third of the middle term of two years for the accessory conviction (again, eight months).
Bernal appeals. She contends the trial court erred by not staying execution of her sentence for making a criminal threat under section 654. We disagree and affirm.

The Regents of the University of California (the Regents) appeal from an order denying their special motion to strike the complaint of John Doe under California's anti-SLAPP statute, Code of Civil Procedure section 425.16. Doe, formerly a tenured professor at the University of California, San Diego (the University), sued the Regents for breach of contract, breach of the implied covenant of good faith and fair dealing, and declaratory relief, after the University instituted disciplinary proceedings against him for allegedly harassing two of his subordinates based on sex and sexual orientation.

This is the second appeal arising out of a construction dispute. In the first appeal, we concluded general contractor, James Zenovic, doing business as James Zenovic Construction (James), waived his right under the construction contract to compel arbitration in an action filed by Von Becelaere Ventures, LLC (VBV) in San Diego County (San Diego action) when James filed a separate complaint against VBV in Orange County to foreclose on a mechanics lien without complying with provisions in Code of Civil Procedure section 1281.5 to preserve his arbitration rights. (Von Becelaere Ventures, LLC v. Zenovic (2018) 24 Cal.App.5th 243, 250–251 (VBV I).)

Plaintiffs and appellants San Diego Unified School District, Clovis Unified School District, Poway Unified School District, San Jose Unified School District, Newport-Mesa Unified School District, and Grossmont Union High School District (the Districts) appeal from an order sustaining without leave to amend the demurrer of defendant and respondent State Controller Betty Yee (the Controller) to the Districts' first amended petition for writ of mandate and complaint. The Districts had challenged the Controller's reduction of subvention—reimbursement of monies from state funds to the Districts —but the trial court ruled the action was barred by the 90-day statute of limitations set forth in Code of Civil Procedure section 341.5, implicitly finding the action was one "challenging the constitutionality of any statute relating to state funding for . . . school districts" within the meaning of section 341.5.

Gregg D. McClendon appeals from an order denying his special motion to strike the defamation claim that Noli Construction, which does business under the name of GW Construction (Noli), filed against him for negative reviews he posted on crowdsourced review and social media Web sites. (Code Civ. Proc., § 425.16.) McClendon contends the superior court should have granted his motion because he met his burden of showing his reviews were protected activity and Noli did not meet its burden of establishing a probability of prevailing on its claim. Noli disputes both points.

In 1991 and 1998 James Ray Moore pleaded guilty and no contest, respectively, to felony first degree residential burglary in violation of Penal Code section 459. The trial court denied Moore's petitions to reduce these felony sentences to misdemeanors under Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47, or the Act). Moore's sole contention on appeal is that he was denied his Sixth Amendment right to counsel and the opportunity to be present at the hearing to show he was eligible for Proposition 47 relief.

Defendant and appellant Paule Stern appeals a postjudgment order denying her motion to set aside an order and judgment confirming an arbitration award. The award was issued in a bar association fee arbitration program, in favor of plaintiff and respondent Richard V. Hyatt. Stern contends the trial court abused its discretion in denying her motion to set aside or quash the order confirming the arbitration award, on the grounds that her underlying petition to vacate the award should have been deemed timely, due to alleged defects in service of the award. [award can be vacated due to arbitrator misconduct or excess of powers, etc.].) Alternatively, she claims that if her earlier petition to vacate was not timely filed, it was delayed as a result of her excusable neglect and she sufficiently requested the court to allow her a hearing on it. We find no abuse of discretion or legal error in the trial court's evaluation of her claims and affirm the postjudgment order.

Appointed counsel for defendant Cameron Alexander Vann asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

Abdul Madyun attempted to claim title to certain real property in Los Angeles County via adverse possession. The trial court granted defendants’ and respondents’ motion for nonsuit and dismissed Madyun’s complaint with prejudice. On appeal, Madyun contends the trial court erred in finding he could not establish the requisite elements of adverse possession, namely that he failed to prove he timely paid all property taxes. Because Madyun fails to provide us with a record sufficient to evaluate his claim, we affirm.