California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
-
Chelico v. American Arbitration Assn. CA2/1
Bassam Samih Chelico was party to an arbitration before the American Arbitration Association, Inc. (AAA). He later filed a lawsuit against AAA and its employees Denise Crow and Patrick Tatum, alleging defendants were biased and conducted proceedings improperly, and AAA made misst…
-
Wen v. Zhu CA2/5
****** An investor repeatedly loaned large sums of money to the owner of a cannabis business. When the owner did not repay those loans, the investor sued the owner and 14 other individuals and entities, for breach of contract, money had and received, and fraud. The 27 counts in t…
-
Unity Healthcare Hospice v. Dept. of Public Health CA2/4
I. INTRODUCTION Appellant Unity Healthcare Hospice, Inc. (Unity) brought a negligence action against defendants Department of Public Health (Department) and Public Health Director Tomas J. Aragon (Aragon). Unity claimed that due to defendants’ negligent processing of its applicat…
-
The Protect Our Communities Foundation v. City of San Deigo CA4/1
The Protect Our Communities Foundation (POCF)1 challenges the City of San Diego’s (the City) award of gas and electric franchises (the franchises) to real party in interest San Diego Gas & Electric Company (SDG&E). POCF contends the City’s approval of the franchises and associate…
-
Sarkany v. West CA1/1
MEMORANDUM OPINION1 This is an appeal from a $256,087 attorney fee award, following the grant of summary judgment for plaintiffs in this fraudulent transfer action. Plaintiffs filed the action to protect their ability to recover on a $645,791 judgment for wrongful eviction and ot…
-
P. v. McCoy CA5
-ooOoo- INTRODUCTION Lejon Marquis McCoy (appellant) shot and killed Rafael Llamas. As appellant left the scene on foot, he stopped and pointed the same firearm at Marco S., who had just witnessed the shooting. Appellant pulled the trigger, but the firearm did not discharge. A ju…
-
P. v. Amador CA1/3
FUJISAKI, Acting P. J. _________________________ A173128; P. v. Amador
-
P. v. Fitts CA2/1
David James Fitts appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 A jury convicted Fitts of the 1992 murder of Charles Dimmitt and found that Fitts committed the murder during the commission of an attempted robbery. The jury also conv…
-
P. v. Bishop CA2/4
INTRODUCTION In 1996, Gregory Bishop was convicted of numerous counts of kidnapping for sexual purposes, and forcible rape, sodomy and oral copulation while acting in concert. He was 17 years old at the time of the heinous offenses. The trial court sentenced him to 166 years in s…
-
P. v. Castellon CA2/1
In the proceedings below, the trial court denied appellant Kevin Foua Castellon’s petition for mental health diversion pursuant to Penal Code section 1001.36.1 Section 1001.36 provides a defendant in a criminal case is eligible for mental health diversion if he demonstrates: (1) …
-
P. v. Castaneda CA4/3
* * * A jury convicted defendant Marcos Alfredo Castaneda of six counts of engaging in a lewd or lascivious act with a minor under the age of 14 (Pen. Code, § 288, subd. (a)). The jury also found true defendant committed these offenses against more than one victim (§§ 667.61, sub…
-
P. v. Ramirez CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Narciso Ramirez appeals from an order denying his petitions for resentencing under Penal Code1 sections 1172.6 and 1172.1. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216. We directed counsel to provide a copy of t…
-
P. v. Alnagoma CA3
Defendant Mahmood Waad Alnagoma and the child’s mother were tried jointly on charges of child abuse involving the mother’s daughter. A jury found Alnagoma guilty of child abuse and found true that he personally inflicted great bodily injury on a child under the age of five years.…
-
P. v. Cosper CA3
Defendant Lexy Anne Cosper pled guilty to driving under the influence causing injury and received a sentence of four years four months. She appeals, arguing the trial court denied her request for probation based on the erroneous assumption that she was presumptively ineligible fo…
-
P. v. Contreras CA4/3
* * * Defendant Alfred Michael Contreras pleaded guilty to one count of attempted murder (Pen. Code, §§ 187, subd. (a), 664) and admitted the attempted murder was for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The prosecution dismissed one count of street ter…
-
P. v. Garcia-Flores CA1/5
Kevin Armando Garcia-Flores appeals from his convictions for criminal threats (Pen. Code, § 422, subd. (a)) and misdemeanor assault (id., § 240), challenging the trial court’s evidentiary rulings concerning the admissibility of character evidence and impeachment evidence under Ev…
-
P. v. Mireles CA2/8
Omar Mireles appeals the trial court’s denial of his section 1172.6 petition at the prima facie stage. Because the record of conviction did not establish Mireles was ineligible for relief as a matter of law, we reverse and remand for the trial court to set an evidentiary hearing …
-
P. v. Domonguez CA4/2
Defendant and appellant Selman Domonguez, Jr., appeals the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6 at the prima facie phase.1 The trial court held that defendant was ineligible for section 1172.6 relief as a
-
P. v. Tellez CA5
-ooOoo- * Before Levy, Acting P. J., Meehan, J. and DeSantos, J. INTRODUCTION In November 2022, appellant and defendant Antonio Tellez (defendant) pleaded no contest to a felony violation of Penal Code1 section 273.5, subdivision (a) and admitted two prior strike convictions, pur…
-
P. v. Martinez CA4/3
” The test is whether the physical force used was “‘substantially different from or substantially in excess of that required for the lewd act.’” (People v. Babcock (1993) 14 Cal.App.4th 383, 385 (Babcock).) “‘[A]n act is forcible if force facilitated the act rather than being mer…