CA Unpub Decisions

Plaintiff appeals a judgment dismissing his action against defendant a professional corporation, entered after the trial court sustained respondents's demurrer to plaintiff's second amended complaint without leave to amend. Taub contends the trial court erred by finding: (1) the action was barred by the applicable statute of limitations; and (2) the second amended complaint failed to state facts sufficient to constitute a cause of action. Court affirm the judgment.

This decision addressed the rulings of Jacqueline Stern, a San Diego Superior Court judge, in a trial defended by her friend Marguerite Wagner's husband, attorney Peter Dean. In this business dispute, the defendants Rysewyk were found to have breached their contract to Paul Svane. The court of appeals found that error had occurred in the trial, but it was insufficient to order a new trial.

Charged with committing multiple sex acts with children, defendant entered a negotiated plea of guilty to two counts of lewd and lascivious acts upon children under 14 years of age (Pen. Code, § 288, subd. (a)), and the remaining charges were dismissed. Defendant's request for probation was denied, and he was sentenced to state prison for an aggregate term of eight years. The appeals court affirmed the judgment.

A jury found defendant guilty of identity theft, second degree burglary, and forgery. Defendant was sentenced to an aggregate term of six years in state prison. On appeal, defendant contends (1) the trial court erred in refusing to instruct the jury with CALJIC No. 4.35; (2) his motion for substitute counsel (People v. Marsden (1970) 2 Cal.3d 118 (hereafter Marsden)) should have been granted; (3) the court violated his right to due process when it refused to grant a continuance to permit another attorney to investigate and prepare a motion of new trial; and (4) he received ineffective assistance of counsel. The appeals court affirmed the judgment.

Real party in interest, operates a hunting club and proposed to move a residence, clubhouse, and bird growing facilities to the Coon Creek hunting and fishing preserve. The primary objection to the project came from neighbors concerned about the noise generated by proposed clay and trap shooting stations. There were also objections that the proposed uses of the clubhouse were incompatible with the agricultural area, the raising of over 40,000 game fowl classified the project as a chicken or turkey ranch requiring a conditional use permit, and there was insufficient information about the mitigation measures of harvesting the lead shot. Placer County (the County) approved the project, adopting a mitigated negative declaration and approving a minor use permit. The court finds merit only in the Fickewirths's appeal. The record contains substantial evidence to support a fair argument that the sporting clay shooting range may have an adverse noise impact under the standards adopted by the County as to what normally constitutes a significant impact. The appeals court reverse the judgment dismissing the Fickewirths's petition.



The contentions of the other parties are without merit. We affirm the judgment granting, in part, the Scilaccis's petition for a peremptory writ of mandate.

A juvenile delinquency petition was filed against him, and the minor admitted committing assault with a deadly weapon., destroying windows of a vehicle, and driving while his privilege was suspended. A count of unlawful possession of a baton was dismissed in the interest of justice. Following a contested restitution hearing, the minor was ordered to pay $5,251.16 in restitution to the owner of the damaged vehicle. The court affirmed the judgment.

A jury convicted defendant of continuous sexual abuse of a child and 19 counts of forcible lewd and lascivious acts with a child under 14 years of age. Appellant was sentenced to an aggregate term of 126 years in state prison. The appeals court affirmed the judgment.

Mother of the minor, appeals from orders of the juvenile court terminating parental rights. Appellant contends the court abused its discretion in denying her request for a continuance. The appeals court affirmed the juvenile court orders.

The juvenile court in Orange County declared after entering true findings appellant committed hit and run causing property damage and drove without a driver's license. The case was transferred for disposition from Orange County to San Diego County. The San Diego County juvenile court placed appellant on probation. Appellant contends sufficient evidence does not support the true finding appellant committed hit and run. The appeals court affirmed the juvenile court orders.

Appellant appeals a judgment terminating parental rights to minor under Welfare and Institutions Code section 366.26. Appellant challenges the sufficiency of the evidence to support the court's findings that the beneficial parent-child relationship exception and the sibling relationship exception do not apply to preclude termination of parental rights. The appeals court affirmed the judgment.

Appellant was convicted after jury trial of assault with intent to commit rape and sexual battery by restraint; two prior strikes and two prior prison term allegations were found true. The judgment was reversed because the trial court failed to conduct a reasonable inquiry into appellant's claim of juror misconduct during deliberations. After a second jury trial, appellant was again convicted of assault with intent to commit rape and sexual battery by restraint; appellant admitted the two prior strikes and two prior prison term allegations.
Appellant argues the court committed reversible error by refusing to sanitize two prior convictions that were admitted as impeachment evidence on the issue of credibility. He also challenges his sentence as cruel and/or unusual punishment. Neither argument is persuasive. The appeals court affirmed the decision.

This is an action for judicial foreclosure of a deed of trust in which the plaintiff also sought to hold several nondebtor defendants liable for any deficiency on the theory the debtor had acted as their alter ego. The debtor defaulted. The nondebtor defendants answered the complaint and filed a cross-complaint in which they alleged, in effect, that the plaintiff had waived his right to recover a deficiency. The trial court, after having imposed several lesser sanctions for discovery abuse, eventually ordered that the answer and cross-complaint be stricken and the nondebtor defendants' default be entered. They appeal from this order. Court conclude the order is appealable, and affirm it.

Respondent had been a captain with the Bakersfield Fire Department (the Department) for 12 years. Laurie Lundy (Lundy) had been employed as an Emergency Medical Technician (EMT) with Hall Ambulance for eight months, and had worked in the field since January 2003. Sometime prior to May 2003, Lundy spoke to her supervisor and alleged respondent sexually harassed her and engaged in inappropriate and unprofessional behavior during medical dispatch calls. On May 7, 2003, Hall Ambulance filed a complaint against respondent. The Department conducted an investigation and notified respondent that it intended to demote him from captain to fire engineer. After a lengthy administrative hearing, the hearing officer found Lundy was credible and affirmed the Department's decision to demote respondent.

In February 2004, appellant pled guilty to two counts of violation of Health and Safety Code section 11350, subdivision (a), possession of a controlled substance. Appellant was placed on probation for a period of three years. On September 26, 2005, the superior court found appellant in violation of his probation. The court then reinstated probation on additional terms and conditions. Court appointed counsel to represent him on appeal. Court examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441. The judgement is affirmed.