CA Unpub Decisions

A criminal law decision regarding committing a lewd and lascivious act upon a child under the age of 14 years, and four counts of sexual battery for purposes of sexual gratification. Twelve years later, defendant filed a writ of coram nobis and motion to withdraw his guilty plea. Judgment Affirmed.

Defendant entered a negotiated plea of no contest to making a criminal threat, a misdemeanor, in exchange for probation and dismissal of the remaining count. Defendant asked for the record to be reviewed by the court looking for arguable issues on appeal. Court informed Defendant that he could submitt an opening brief within 30 days. Defendant did not submit the opening brief. Judgment Affirmed.

Plaintiff sued defendant for negligence after plaintiff was injured during a horseback riding accident on defendant's property. The trial court granted summary judgment in defendant's favor, with the reasoning that Plaintiff assumed the risk of falling while horseback riding. Plaintiff appeals. Judgment Affirmed.

Father of the minor, appeals from orders of the juvenile court terminating parental rights. Appellant contends the juvenile court erred in terminating his parental rights because the evidence showed termination would be detrimental to the minor due to the existence of a sibling bond. Court affirms.

A criminal law decision regarding felonious petty theft and a prior serious felony conviction within the meaning of the "three strikes law" and had served two prior separate prison terms. Defendant was sentenced to eight years in prison. Defendant now purports to appeal from this purported order after judgment. If the court granted this right, Defendant would get two appeals on the same issue. Appeal Dismissed.

A decision as to an appeal from dispositional orders entered by the juvenile court declaring appellant to be the alleged father of minors and denying him visitation with the minors. Disposition orders are amended in saying "presumed" and "alleged." Amended disposition orders affirmed.

A minor admitted that she committed misdemeanor vandalism. Minor was adjudicated a ward of the juvenile court, was placed on probation, and was ordered to perform 60 hours of community service. separate hearing, the minor was ordered to make restitution to the victim in the amount of $534.95. (§ 730.6.) On appeal, the minor contends the juvenile court abused its discretion in ordering the $534.95 victim restitution because there was insufficient evidence to establish the amount of the loss. Order Affirmed.

A criminal law decision regarding transporting methamphetamine and admitted a prior conviction. Defendant admitted a prior conviction in exchange for the dismissal of three other counts and a six-year “lid.” On appeal, defendant contends he was entitled to probation under Proposition 36 because the methamphetamine was for personal use. The court concluded that the defendant’s appeal was barred by his failure to obtain a certificate of probable cause. Appeal dismissed.

A decision wherein a jury convicted defendant of second degree murder and found that defendant personally discharged a firearm and caused the victim's death. Defendant appeals. He contends the mandatory 25-year-to-life term for the firearm enhancement constitutes cruel and unusual punishment under the California Constitution. Judgment Affirmed.

A decision regarding appeals from jurisdictional and dispositional orders of the juvenile court, declaring the child a dependent of the juvenile court; ordered her removed from the father's custody; and ordered the father to participate in sexual abuse counseling and drug rehabilitation as part of the case plan. Court found that he sexually molested her and used drugs. Judgment Affirmed.

A decision wherein Petitioner has filed a writ of review petition challenging the order of the Workers' Compensation Appeals Board granting and denying her reconsideration petition. Judgment remanded for computation of penalties.

The minor appeals from orders declaring him a ward of the court and placing him home on probation. The juvenile court sustained the allegations of a petition charging the minor with criminal threats and misdemeanor firearm exhibition. Order Affirmed.

This is the third appeal in a twice-tried medical malpractice case. On the first appeal, the court found prejudicial instructional error and reversed a verdict in favor of the plaintiff. On the second appeal, the court affirmed a verdict in favor of the plaintiff and against the only remaining defendant, a doctor. On remand after the second appeal, the plaintiff asked for additional interest pursuant to Code of Civil Procedure section 998, but the trial court denied the request. The plaintiff appeals, challenging the interest calculation. Court affirms.

A decision regarding elder abuse, medical malpractice, unfair business practices, "tort per se," and wrongful death.
Skilled Healthcare was dismissed from the action. The judgment dismissing Skilled Healthcare from the action was entered July 12, 2005, and appellant filed a timely notice of appeal the same day. Judgment Affirmed.