CA Unpub Decisions

This is a criminal law decision regarding possession of a knife at school, possession of marijuana on school grounds, and being a minor in possession of tobacco or tobacco paraphernalia. The petitioner was placed on probation, requiring him to register as a gang member and that he not leave the county without prior permission from his parent or probation officer. Petitioner appeals to both orders. The gang member registration was reversed because lack of substantial evidence to prove his offenses were gang related or a criminal streeet gang within the definition of the statute. The second order did not infringe on his constitutional rights because it was tailored to meet the needs of the petitioner. Affirmed

Petitioner seeks an extraordinary writ to vacate the orders of the juvenile court terminating reunification services and setting a Welfare and Institutions Code section 366.26 hearing as to her daughter A. When the court removes a child from parental custody, the court must order a plan of reunification services to remedy the problem that necessitated the child's removal. There is substantial evidence that the petitioner is not complying with the designed plan, and therefore the court denies the petition.

The father and the mother; collectively, the parents appeal from an order terminating their parental rights. The parents argue that the court should have invoked the exception codified in Welfare and Institutions Code section 366.26, subdivision (c)(1)(A) (the benefit exception) and adopted an alternate permanent plan for the children. The first prong of the exception requires regular visitation and contact by the parent. There is substantial evidence showing that the parents did not fulfill their requirments. The court affirmed.

Appellant appeals from two postjudgment orders filed seven months apart in a marital dissolution action. Respondent moves to dismiss the appeal. Respondent contends the notice of appeal was untimely filed as to one of the postjudgment orders, and appellant lacks standing to appeal from the other. The order was immediately appealable and the injured party is required to appeal in a timely manner. Waiting eight months to file the appeal was considered to be too long. The court dismissed the appeal.

Appellant filed a petition for writ of mandate challenging various trial court orders in this $10,000 debt collection case. For most of the orders appellant has an adequate remedy at law, and the court denied the petition on those issues. Appellant raises one issue, however, for which he does not have an adequate remedy and which must be addressed now to avoid irreparable injury. Once Appellant was granted a fee waiver, he is required to advise the court of any changes in his ability to pay the court fees. Because the order was not appropriate at that time, there was no ruling on this issue. But the court did point out that the order seemed excessive. Palma notice was given. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)

Despite being convicted of several crimes, and despite a sentence of 31 years, counsel and the court agreed that there was no issues to be raise on appeal following a judgment and conviction for attempted murder with a personal use of firearm enhancement, a gang enhancement, and an allegation of personal infliction of great bodily injury.

Despite being convicted of several crimes, and despite a sentence of 31 years, counsel and the court agreed that there was no issues to be raise on appeal following a judgment and conviction for attempted murder with a personal use of firearm enhancement, a gang enhancement, and an allegation of personal infliction of great bodily injury.

Despite being convicted of several crimes, and despite a sentence of 31 years, counsel and the court agreed that there was no issues to be raise on appeal following a judgment and conviction for attempted murder with a personal use of firearm enhancement, a gang enhancement, and an allegation of personal infliction of great bodily injury.

Despite being convicted of several crimes, and despite a sentence of 31 years, counsel and the court agreed that there was no issues to be raise on appeal following a judgment and conviction for attempted murder with a personal use of firearm enhancement, a gang enhancement, and an allegation of personal infliction of great bodily injury.

Dependency proceeding where mother of minor appealed from juvenile court orders denying a Welfare and Institutions Code section 388 petition to modify a custody order and terminating parental rights. The mother claims that the juvenile court abused its discretion in denying her section 388 petition and erred in failing to apply the beneficial relationship exception pursuant to section 366.26 subdivision (c)(1)(A). Court affirmed the juvenile court.

A macabre decision following the conviction for receiving stolen property, possessing methamphetamine, and unlawfully disposing of human remains. The defendant worked at the coroner's office and took human remains home from work to show friends and family.

Order revoking probation was affirmed in this criminal law decision following a conviction for possessing a firearm as a felon and possessing a controlled substance.

Appeal following a judgment on a promissory note. Issue involved whether forebearance from suit was consideration for a promise to pay.

A decision regarding transportation of cocaine base, and possession of cocaine base for sale with prior drug conviction, one prior conviction for battery with serious bodily injury and three other prior prison convictions.