CA Unpub Decisions

A criminal law decision regarding felony theft from an elder or dependent adult and misdemeanor contracting without a license.

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. Court deny the petition.

A decision regarding action for breach of contract, wrongful termination in violation of public policy and claims for discrimination, harassment and retaliation in violation of the Fair Employment and Housing Act.

A criminal law decision regarding transportation of a controlled substance.

A criminal law decision regarding possession of methamphetamine for sale and possession of marijuana for sale.

A criminal law decision regarding possession of materials depicting persons under the age of 18 engaging in or simulating sexual conduct with a prior conviction for the same offense.

Petitioner is the mother of nine-year-old minor. Petitioner appeals from an order setting aside two judgments which established that respondent was minor's father. The trial court set aside one judgment on the basis of Family Code section 7645 et seq. and the other judgment on the basis of extrinsic fraud. Court reverse because the trial court relied on the newly enacted Family Code statutes without notice to the parties and misapplied the doctrine of extrinsic fraud.

Appellant appeals from a judgment entered after the trial court determined that a purchase-money resulting trust had not been established in appellant's favor. Appellant contends that the trial court's conclusion was erroneous, and that the court further erred in denying appellant's motion for a new trial. Court affirm the judgment.

Defendant appeals from a conviction for aggravated assault, battery with serious bodily injury, and a finding in connection with the former that defendant personally inflicted great bodily injury. Defendant's single contention on appeal is that the trial court erred in failing to instruct the jury sua sponte on the defense of mistake or accident. Court affirm since the failure to give such an instruction was not prejudicial.

A decision regarding child endangermen and a probation violation.

A jury convicted defendant of indecent exposure. Because of a prior conviction for indecent exposure, the trial court sentenced defendant to 16 months in prison. Defendant contends the trial court erroneously instructed the jury that motive is not an element of the offense. The Attorney General so concedes, and Court agrees. But on the facts of this case the error is harmless. Accordingly, Court affirms.

Defendant appeals from adjudication as a ward of the court under Welfare and Institutions Code section 602, following defendant's plea of no contest to first and second degree burglary. Defendant contends that the trial court erred in denying defendant's motion to suppress evidence obtained following defendant's consent to search because defendant was illegally detained at the time of the officer's request for consent. Court hold that defendant was not detained at the time he gave consent, and court affirm.

Petitioner seeks review of an order setting a hearing under Welfare and Institutions Code section 366.26. Petitioner argues that the order was erroneous because real party in interest, the Contra Costa County Children and Family Services Bureau (CFS), did not provide reasonable services. Petitioner's contention has no merit, and court affirm the order.

Court reduce a minor's conviction from grand theft to petty theft where the record lacks sufficient evidence that the theft was from the victim's person or that the amount of the property taken exceeded $400. With this modification, court affirm the juvenile court's adjudication of Appellant's as a ward of the court pursuant to Welfare and Institutions Code section 602.