CA Unpub Decisions
California Unpublished Decisions
Propria persona plaintiff John Berman filed the underlying action against the State of Maryland and three individuals who allegedly interfered with Berman’s efforts to provide appropriate care for his elderly mother, Bella Berman (Bella). Defendant David Modell, a Maryland attorney who previously served as a court appointed guardian of Bella’s property, filed a motion to quash service of Berman’s summons for lack of personal jurisdiction. (Code Civ. Proc., § 418.10.) The trial court granted the motion to quash and dismissed Modell from this case. We affirm.
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Defendant Gregory D. Gadlin was convicted of first degree murder with personal use of a firearm (Pen. Code, §§ 187, subd. (a), 12022.7, subd. (a), 12022.53, subds. (b), (c) & (d), 12022.5, subd. (a)) and possession of a firearm by a felon (§ 12021, subd. (a)(1)). On appeal, defendant contends the first degree murder verdict is not supported by substantial evidence under either felony murder based on robbery or premeditation and deliberation. He also argues the trial court erred by admitting unreliable toolmark identification testimony, giving a flight instruction, and imposing improper victim restitution award and costs.
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Leonardo Garcia, together with three codefendants, was convicted of first degree murder (count 1), attempted premeditated murder (count 2), two counts of shooting at an inhabited dwelling (counts 3 and 4), possession of a firearm by a felon (count 6), discharging a firearm with gross negligence (count 7) and street terrorism (count 8). In an initial appeal we reversed the convictions on counts 1 and 7, vacated Garcia's sentence in its entirety and addressed sentencing errors on counts 3, 4 and 8. We remanded for further proceedings and resentencing. (People v. Gomez (June 23, 2015, B251303) [nonpub. opn.].)
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Defendants and respondents Brown and Brown of Sacramento, Inc. dba Powers and Company Insurance Agents and Brokers (Brown and Brown) and Steven Michael Decristofaro (collectively, defendants) contend the trial court properly granted their motion for summary judgment because, with the five-year deadline looming, they presented evidence demonstrating plaintiff and appellant William Thomas Porter (plaintiff) could not provide the testimony of a purportedly indispensable witness – Manuel Uribe, the assignor of plaintiff’s claims. Defendants argue their evidence shifted the burden to plaintiff to raise a triable issue of fact, which he failed to do. Defendants also contend the judgment should be affirmed because plaintiff’s action is time-barred.
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Jesus Miguel Davila Mejia appeals from a domestic violence restraining order (DVRO) issued in favor of his wife, Annastasia Erine Davila. Mejia contends the trial court abused its discretion in issuing the DVRO because it was based on allegations not contained in Davila’s request for a DVRO, and he was prevented from introducing evidence to impeach Davila. He also contends there is no substantial evidence to support issuance of the DVRO. We affirm.
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Tom Miglas (Miglas) and his wife, Regina Maria Miglas, appeal from a judgment entered after a jury trial. The jury awarded Miglas $1,136.18 in damages for personal injuries suffered in a 2012 automobile collision and awarded Regina $500 for loss of consortium. Miglas and Regina had sought $6 million and $500,000 in damages, respectively. A-Able, Inc., doing business as Fume-A-Pest & Termite (A-Able), admitted liability, but contested causation and damages.
A central issue at trial was whether injuries to Miglas’s neck were caused by the 2012 accident or an earlier automobile collision in 2007, for which he had spine surgery. Dr. James Kayvanfar, an orthopedic surgeon, testified for the defense based on his review of photographs of damage to the vehicles that when A-Able’s pickup truck rear-ended Miglas’s car, the car bumper absorbed most of the energy from the impact, and the force transferred to Miglas would have been “very small.” He opined that because of the natur |
The minor A.W. appeals from the judgment of the juvenile court adjudicating her to be a ward of the court pursuant to Welfare and Institutions Code section 602. She contends that the court’s finding that she violated Penal Code section 243.2, subdivision (a) is not supported by substantial evidence, that the court was not authorized to prohibit her from owning or possessing a gun until age 30, and that the probation condition that she not associate with anyone known to be disapproved by her parent, guardians or probation is unconstitutionally vague and must be modified to specify “known by you.” We find no merit to any of these contentions and shall affirm the judgment.
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Defendant State of California Department of Transportation (Caltrans) appeals from an adverse judgment in this personal injury action brought by plaintiffs Shannon Moore and Kyle Anderson. Plaintiffs were injured when a passenger vehicle driven by Selena Ranney left the roadway and entered their Caltrans-supervised worksite. On appeal, Caltrans argues that (a) the trial court abused its discretion by excluding its expert’s hypothetical simulations of the accident, (b) the trial court erred by refusing to instruct the jury, pursuant to section 830.5 of the Government Code, that the accident itself was not evidence of a dangerous condition at the worksite, (c) the special verdict was fatally defective because it omitted Caltrans’s affirmative defense under section 835.4, subdivision (a) of the Government Code, (d) the court abused its discretion by excluding evidence of Ranney’s methamphetamine use and its effects, and (e) the court erred by entering a directed verdict in favor o
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In this appeal plaintiff Amr Mohsen seeks review of an order sustaining a demurrer to his second amended complaint without leave to amend in his action alleging “fraud on [the c]ourt” against Cadence Design Systems (Cadence), Quickturn Design Systems (Quickturn), and numerous individuals associated with prior patent litigation in federal district court. Representing himself, as he has throughout the proceedings, Mohsen contends that reversal is required because he stated a timely and substantively sufficient claim. We disagree and therefore must affirm.
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Kevin Keegen Emidy correctly argues this is a “silent-record” case reflecting no advisement of his trial rights concerning prior conviction and prior prison term allegations before the trial court asked for, and received, his admissions of those allegations. Under the totality of the circumstances, we cannot determine that in entering those admissions, Emidy made a knowing and intelligent waiver of his trial rights. (People v. Farwell (2018) 5 Cal.5th 295, 303 (Farwell).) We therefore reverse the court’s true findings regarding those enhancement allegations and remand for a new sentencing hearing, pending the prosecutor’s election to retry the prior conviction and prior prison term allegations.
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Motorcycle racer Jeremy McGrath and his racing team, L&MC Racing, LLC, obtained a judgment against Matt Cook, after Cook backed out of sponsoring L&MC’s 2012 racing season. The jury found that Cook breached his agreement with L&MC, awarding it damages at over $425,000 as a result. The jury also found Cook defrauded McGrath and concealed information from him, which caused McGrath harm. Although the jury awarded no separate measure of compensatory damages to McGrath for the fraud and concealment, it did award him punitive damages in a separate phase of the trial.
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The court adjudged appellant M.M. a ward of the court after it sustained allegations charging appellant with battery on a peace officer (Pen. Code, § 243, subd. (b); count 2). On July 10, 2017, the juvenile court placed appellant on probation until his 21st birthday.
On appeal, appellant contends the evidence is insufficient to sustain his adjudication for battery on a peace officer. We affirm. |
APPEAL from a judgment of the Superior Court of Kern County. David R. Lampe, Judge.
Thomas W. Casa, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent. |
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