CA Unpub Decisions

Defendant Joseph Douglas Fair was found guilty by jury of attempted premeditated murder (Pen. Code, §§ 664/187, subd. (a)) and assault with a firearm (§ 245, subd. (a)(2)), with enhancements for personally discharging a firearm resulting in great bodily injury, personally inflicting great bodily injury resulting in paralysis, and participating in a street gang. The trial court sustained two prior prison term allegations (§ 667.5, subd. (b)) and sentenced defendant to 40 years to life plus two years in state prison.
On appeal, defendant contends the trial court prejudicially erred when it permitted a police sergeant to identify him in a surveillance video. He also seeks remand based on a change in the law regarding the firearm enhancements attached to his convictions. The Attorney General agrees that remand is required on the second basis. We agree and shall remand on that basis but otherwise affirm.

In November 2015, defendant Patrick Robert Feaster was a police officer with the Paradise Police Department. Shortly after midnight on November 26, 2015, defendant shot a man in the neck as the man attempted to climb out of a sport utility vehicle (SUV) following a high-speed police chase and rollover accident. Several weeks later, the man died due to complications from the gunshot wound. Defendant contended he accidentally discharged his firearm.

Defendant Marc Anthony Costa, convicted of multiple drug-related felonies, contends the trial court failed to exercise its discretion in sentencing when it imposed a consecutive term on count 14 because the court mistakenly believed consecutive sentencing was mandatory. Defendant asks us to remand the matter to the trial court with directions to exercise its discretion as to consecutive or concurrent sentencing on count 14.
Observing that defendant did not raise this issue in the trial court, we requested supplemental briefing as to whether defendant’s contention was forfeited.

Defendant Jaime Mundo Julian appeals from the judgment entered after the Superior Court terminated his probation and ordered the execution of the previously suspended prison sentence. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On September 5, 2018, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, affirm the judgment.

Chrystal R. Neff appeals from the judgment after she pled no contest to selling or transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and driving under the influence of a drug (then-Veh. Code, § 23152, subd. (e)). She also admitted allegations that she suffered seven prior narcotics-related convictions (Health & Saf. Code, § 11370.2, subd. (c)) and served five prior prison terms (Pen. Code, § 667.5, subd. (b)). The trial court sentenced her to 10 years in county jail.

Maurice Bayless appeals from the judgment entered after a jury convicted him of corporal injury on a cohabitant with great bodily injury , and stalking in case no. BA458125. The trial court sentenced to six years eight months state prison. In case no. BA429542, the trial court revoked appellant’s probation on a prior conviction for assault likely to produce great bodily injury (§ 245, subd. (a)(4)) and sentenced appellant to one year state prison, to be served consecutive to the six year eight month sentence in case no. BA458125. Appellant was ordered to pay various fines and assessments, including victim restitution. We appointed counsel to represent appellant in this appeal. After counsel’s examination of the record, counsel filed an opening brief that raised no arguable issues. On October 10, 2018, we advised appellant by mail that he had 30 days within which to submit any contentions or issues that he wished to raise on appeal. Appellant did not respond.

A jury convicted appellant Patrick Zamora Taylor of battery with serious bodily injury (Pen. Code, § 243, subd. (d); count 1) on Chris Cooper, and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 2) on Cooper. In both counts the jury found true that appellant personally inflicted great bodily injury. Although appellant was charged with inflicting great bodily injury under section 12022.7, subdivision (b) by rendering the victim comatose, and the jury verdict referred to subdivision (b) of section 12022.7, the jury was not instructed on that provision.

Plaintiff and appellant Stephanie Morris (plaintiff) appeals from the summary judgment entered in favor of defendant and respondent Best Friends Animal Society (Best Friends) in this negligence action for injuries plaintiff sustained when a dog attacked her while she was volunteering at an animal shelter. We affirm the judgment.

E.G. challenges a disposition order committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) (Welf. & Inst. Code, §§ 731, subd. (a)(4), 734) after he stabbed a high school student with a knife. (Pen. Code, §§ 245, subd. (a)(4), 12022, subd. (b)(1)). We reverse the commitment order and remand for a new disposition hearing because no findings were made that a less restrictive placement would be inappropriate or ineffective, and substantial evidence does not support the finding that appellant would probably benefit from a DJJ commitment. (§ 734; In re Carlos J. (2018) 22 Cal.App.5th 1, 5.)

Susan Angell appeals from a judgment on her complaint asserting tort and contract claims arising from the conduct of defendant OneWest Bank, the lender on plaintiff’s condominium, in providing false and inflated payoff demands that caused a pending sale of the unit to fall apart. After the trial court sustained demurrers to plaintiff’s tort claims, she voluntarily dismissed her contract claims and this appeal followed. We affirm in part and reverse in part.

Cedars-Sinai Medical Center (Cedars-Sinai) terminated Christine McKellar’s employment in April 2016. McKellar alleged in six causes of action that Cedars-Sinai retaliated against her for filing a workers’ compensation claim and discriminated against her based on her claimed disability. Cedars-Sinai filed a motion for summary judgment, arguing, among other things, that it had a legitimate non-pretextual reason to terminate McKellar’s employment. After sustaining objections to evidence McKellar submitted, the trial court granted the motion for summary judgment. McKellar appeals from the trial court’s judgment entered based on the order granting Cedars-Sinai’s motion, but not from the trial court’s rulings on Cedars-Sinai’s objections to her summary judgment evidence. Because we agree that McKellar has presented no triable issue of any material fact, we affirm.

Scott Zacky appeals a family law order denying his motion to withdraw his stipulation that Elizabeth E. Vogt (Vogt) serve as a postjudgment special master/referee on child custody matters. (Cal. Rules of Court, rule 3.906.) The trial court found that appellant was estopped from challenging how Vogt decided three custody disputes and there was no basis for Vogt’s disqualification. We affirm.

Kali Hais (appellant) appeals from a judgment entered after the trial court granted summary judgment on her claims of general negligence and premises liability against Universal Protection Service, LP (respondent). We find no error, therefore we affirm the judgment.

Defendant Mark Cooper and three unidentified confederates, entered a home in a mobile home park ostensibly to purchase a large quantity of marijuana from the head of the household, Mr. Padilla, living there with his family. Defendant and two of his confederates were armed with firearms. Padilla’s son-in-law, Mr. Vidal, and friend, Ms. Loza, were present, and Padilla’s neighbor, Mr. Gonzalez, entered towards the end of the events. The outcome of the transaction and the ensuing violence left Vidal dead at the hand of one of the confederates to whom defendant gave his gun upon another confederate’s command to “shoot.” Gonzalez also was shot, but he survived, as did Padilla, another target of the shooting. After the shootings, defendant and his confederates fled with the marijuana.