CA Unpub Decisions

In September 2020, the prosecution charged Mendoza with one count of evading a peace officer in willful disregard for the safety of persons or property. Mendoza’s trial began in late November. At that time, while still in the early months of the COVID-19 pandemic, the “public health emergency” had killed more than 200,000 Americans. (People v. Edwards (2022) 76 Cal.App.5th 523, 526 (Edwards); Hernandez-Valenzuela v. Superior Court (2022) 75 Cal.App.5th 1108, 1114–1116.) No vaccine was widely available “to protect against the spread of COVID-19 and the best scientific evidence demonstrated the wearing of face masks was effective at reducing the spread of the virus and the risk of infection in indoor settings.” (People v. Lopez (2022) 75 Cal.App.5th 227, 233 (Lopez).)

On October 21, 2019, a judge of the family court issued an emergency order for the Santa Clara County Department of Family and Children’s Services (the Department) to take E.C. into protective custody. The Department filed a juvenile dependency petition two days later, and the juvenile court ordered E.C.’s continued detention. On November 4, 2019, the Department placed E.C. in the care of his paternal grandparents. E.C. has remained with his paternal grandparents ever since.
The Department filed the operative amended juvenile dependency petition in November 2019, under section 300, subdivisions (b)(1), (c), and (j). The Department alleged that E.C.’s father had repeatedly perpetrated domestic violence of a high lethality risk against the mother, exposing E.C. to that violence, and that the father had a long history of active substance abuse that impaired his judgment and placed the minor at a substantial risk of harm while in his care.

This action arose out of a failed San Jose residential sales transaction involving appellant Mariia Kravchuk, as buyer, and Taylor Morrison of California, LLC (Taylor), as developer/seller. Respondent Collinsworth, Specht, Calkins & Giampaoli, LLP (CSCG) is a law firm that represented Taylor at or about the time the sales transaction failed. Defendant James M. Ganion (Ganion) is an attorney affiliated with CSCG. Kravchuk filed suit on January 24, 2018, alleging one cause of action for breach of written contract against Taylor, only. Two and one-half years later, on July 27, 2020, Kravchuk filed a second amended complaint. In that pleading, she alleged seven causes of action, naming Taylor and eight additional defendants, including CSCG and Ganion.
On October 9, 2020, CSCG filed a special motion to strike Kravchuk’s second amended complaint under Code of Civil Procedure section 425.16 (special motion to strike, or anti-SLAPP motion).

This action arose out of a failed San Jose residential sales transaction involving appellant Mariia Kravchuk, as buyer, and Taylor Morrison of California, LLC (Taylor), as developer/seller. Respondent Collinsworth, Specht, Calkins & Giampaoli, LLP (CSCG) is a law firm that represented Taylor at or about the time the sales transaction failed. Defendant James M. Ganion (Ganion) is an attorney affiliated with CSCG. Kravchuk filed suit on January 24, 2018, alleging one cause of action for breach of written contract against Taylor, only. Two and one-half years later, on July 27, 2020, Kravchuk filed a second amended complaint. In that pleading, she alleged seven causes of action, naming Taylor and eight additional defendants, including CSCG and Ganion.
On October 9, 2020, CSCG filed a special motion to strike Kravchuk’s second amended complaint under Code of Civil Procedure section 425.16 (special motion to strike, or anti-SLAPP motion).

Early one morning in 2003, 77-year-old Cecil Warren was found lying in the fetal position next to his van in a Huntington Beach parking lot. His face was bloody and swollen, and when the police arrived on the scene, he said he had been “jumped” and “beaten up.” He was taken to the hospital, where he soon lapsed into a coma and was placed on life support. Roughly four years later, he died from bronchopneumonia that was brought about by an infection from his feeding tube.
Appellant was connected to the incident via surveillance cameras and DNA. When interviewed by investigators, he said he and McKinney spotted Warren’s van in the parking lot after they had been out drinking. Because the van was open and no one was around it, they decided to go “fuck around” with it. As they were poking around inside the van, Warren appeared and asked them what they were doing. Appellant responded by punching Warren in the face.

Early one morning in 2003, 77-year-old Cecil Warren was found lying in the fetal position next to his van in a Huntington Beach parking lot. His face was bloody and swollen, and when the police arrived on the scene, he said he had been “jumped” and “beaten up.” He was taken to the hospital, where he soon lapsed into a coma and was placed on life support. Roughly four years later, he died from bronchopneumonia that was brought about by an infection from his feeding tube.
Appellant was connected to the incident via surveillance cameras and DNA. When interviewed by investigators, he said he and McKinney spotted Warren’s van in the parking lot after they had been out drinking. Because the van was open and no one was around it, they decided to go “fuck around” with it. As they were poking around inside the van, Warren appeared and asked them what they were doing. Appellant responded by punching Warren in the face.

In 2017, appellant Christian Angel Ventura entered a plea of no contest to voluntary manslaughter (Pen. Code, § 192), robbery (§ 211), and shoplifting (§ 459.5). In addition, Ventura admitted to two criminal street gang enhancements (§ 186.22, subd. (b)(1)(B) & (C)), and that he had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). In exchange for a stipulated prison sentence of 32 years four months, Ventura agreed to cooperate with the People in the investigation and prosecution of Uriel Vasquez and Raul Cardona, Ventura’s accomplices to the crime.
On January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437) was enacted, eliminating the natural and probable consequences doctrine and amending the felony murder rule as it pertains to vicarious murder liability.

In 2017, appellant Christian Angel Ventura entered a plea of no contest to voluntary manslaughter (Pen. Code, § 192), robbery (§ 211), and shoplifting (§ 459.5). In addition, Ventura admitted to two criminal street gang enhancements (§ 186.22, subd. (b)(1)(B) & (C)), and that he had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). In exchange for a stipulated prison sentence of 32 years four months, Ventura agreed to cooperate with the People in the investigation and prosecution of Uriel Vasquez and Raul Cardona, Ventura’s accomplices to the crime.
On January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437) was enacted, eliminating the natural and probable consequences doctrine and amending the felony murder rule as it pertains to vicarious murder liability.

Elena Bautista lived in a house on Florence Street in Lamont. There was a trailer parked on the back of the property. Ms. Bautista testified to her belief that at the time of the homicide, Fidel Osorio had lived in the trailer for a few years, and defendant Joseline Rodriguez had been living with Osorio for about one month.
Ms. Bautista saw defendant and Osorio together when things were fine between them, and that seemed “[l]ike an everyday thing.” Ms. Bautista testified that she saw defendant and Osorio arguing one time, and defendant was yelling at him. She never saw defendant or Osorio place their hands on each other. Ms. Bautista usually chatted with defendant whenever they passed each other. On two or three occasions, defendant complained to Ms. Bautista about Osorio, and said that “he would touch her” sexually, and she did not like that.

Defendant Victor Nunez (defendant) shot and killed an individual shortly after the individual had an altercation with a fellow member of defendant’s gang, codefendant Fernando Rojas. He was convicted of several crimes in connection with the incident, including first degree murder with the gang-murder special circumstance.
The Attorney General concedes that, as a result of the passage of Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333), defendant’s conviction for active gang participation and his gang enhancement must be reversed. We accept that concession.
We further conclude the court erred in denying defendant’s Pitchess motion as to several law enforcement officers who testified at trial. We will conditionally reverse pursuant to the procedure outlined in People v. Hustead (1999) 74 Cal.App.4th 410, 418–419.
Defendant’s eventual resentencing moots his challenge to a parole revocation fine imposed by the court.

After forcing his way into an apartment on October 8, 2018, defendant Jesus Casares grabbed an 11- to 12-inch pointed nail and held it up as if to stab victim R.H. A jury convicted defendant of burglary, assault with a deadly weapon, and resisting a police officer and found true allegations a nonaccomplice was present during the crime and that the crimes were committed for the benefit of a gang.
Defendant contends on appeal that (1) the evidence was insufficient to support his conviction for assault with a deadly weapon because defendant failed to “do anything” with the nail before he was disarmed by R.H., (2) the trial court erred in failing to define “deadly weapon” in its instruction to the jury, and (3) we should strike five 1-year prior prison term enhancements in light of recent amendments to Penal Code section 667.5, subdivision (b).

Plaintiffs and appellants Companion Animal Protection Society (CAPS) and Robert McCormack (collectively, plaintiffs) filed a civil action seeking to enforce alleged violations of Health and Safety Code section 122354.5, which generally requires pet stores to obtain animals only from nonprofit animal shelters or rescue groups. They alleged that defendant and respondent Select Puppies, Inc. (SPI) and its owner, defendant and respondent Brian Mohrfeld (Mohrfeld), obtained puppies from breeders located out of state and delivered those animals to retail pet stores in California, fraudulently representing them to be rescue animals. Plaintiffs also named the owners and operators of three retail pet stores that allegedly received animals from SPI and Mohrfeld as defendants in the action. Respondents Puppies4Less and Anita Chavira are among these named defendants.

APPEAL from a judgment of the Superior Court of San Diego County, Robert O’Neill, Judge. Prior opinion vacated. Affirmed in part; sentence vacated and remanded with directions.
Shaghayegh Dinata-Hanson, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta and Xavier Becerra, Attorneys General, Lance E Winters, Chief Assistant Attorney General, Julie L. Garland and Charles C. Ragland, Assistant Attorneys General, Melissa Mandel and Stephanie H. Chow, Deputy Attorneys General for Plaintiff and Respondent.
In May 2019, appellant and defendant Cliff Edwards pleaded guilty to one count of first degree robbery (Pen. Code, §§ 211, 212.5), stipulating that he “entered an inhabited dwelling and took property from the immediate possession of another by force or fear.” Edwards admitted he suffered a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12, 668), as well as two prior prison convictions (§§ 667.5, subd. (b), 668).

In July 1994, defendant, with others, forced a victim into a car at gunpoint; the victim was driven around for several hours before being released. In September 1994, defendant invited two individuals to her home to buy drugs from them, and she later shot and killed one of them. (People v. Perdigone (Feb. 3, 1997, C022990) [nonpub. opn.].)
A jury convicted defendant of first degree murder (Pen. Code, §§ 187/189), assault with a firearm (§ 245, subd. (a)(2)), and kidnapping (§ 207), and found she used a firearm in the commission of each of these offenses (§ 12022.5, subd. (a)). Defendant also pleaded guilty to one count of assault with a firearm (§ 245, subd. (a)(2)), and admitted several firearm enhancement allegations (§ 12022.5; former § 12021). In 1996, the trial court sentenced defendant to 25 years to life plus 20 years.