CA Unpub Decisions

Appellants Jessica and Ray Monoarfa and respondent Tony Djie were engaged in litigation involving real property and related loans. Appellants extended an offer to compromise under Code of Civil Procedure section 998, which respondent accepted. Appellants belatedly realized that a material term was omitted from the offer. They moved for relief based on their mistake; the court denied the motion and subsequently entered judgment based on the offer. Appellants argue that the trial court erred in refusing to set aside the offer and grant relief from judgment based on their attorney’s excusable error in omitting a material term. We find no error and affirm.

Defendants and appellants Gerald A. Feldman, Jr., individually and as trustee, and Cynthia Ann Feldman as trustee of the Gerald Feldman, Jr. and Cynthia Feldman Joint Living Trust (collectively, Feldman) appeal from an order granting the motion by plaintiff and respondent Timothy J. Mullahey, individually and as trustee of the Tim Mullahey Trust (Mullahey) to enforce a settlement agreement under Code of Civil Procedure section 664.6. We affirm the trial court court’s order.

Plaintiff Kevin Keenan and defendant Anthony Souza were longtime friends and investment partners who had a falling-out. Issues became contentious, and Keenan, his wife, and their limited liability company sued Souza, his wife, and the limited liability companies in which the parties shared membership interests. Souza and his wife filed a cross-complaint. The case went to trial, and the Souza defendants and the limited liability defendants prevailed.

This is an appeal from judgment after the trial court sustained the demurrer of defendant San Francisco Residential Rent Stabilization and Arbitration Board (hereinafter, Board). Plaintiffs Adoria Lim and Hanh Truong, owners of a three-unit residential dwelling in San Francisco, brought this lawsuit as a petition for a writ of administrative mandamus (Code Civ. Proc., § 1094.5) to challenge the Board’s decision to uphold the administrative law judge’s (ALJ) finding that two of the three rental units in their dwelling fell outside an exemption to the San Francisco rent control ordinance and, thus, were subject to this ordinance. The trial court dismissed the one-count writ petition after concluding plaintiffs had failed to join as necessary and indispensable parties the tenants residing in their rental units, and that the 90-day limitations period for joining them had passed, requiring its dismissal. We affirm.

Andrew Gates was convicted of attacking a woman jogging near his home. The trial court admitted evidence of a separate incident to prove intent, common plan, and identity. We conclude the latter evidence was not probative of intent or conduct pursuant to a common plan, and it was insufficiently similar to the charged crimes to prove identity. We find the error prejudicial and consequently reverse.

A jury acquitted Albertus Raphael Nwozuzu of several charges but found him guilty of resisting arrest (Pen. Code, § 148, subd. (a)(1)). The trial court placed Nwozuzu on three years of probation. Nwozuzu appeals. He contends the court should have granted his request to represent himself, the court failed to properly instruct the jury, and the prosecutor engaged in misconduct during closing arguments. We disagree and affirm.

Appellant Chin-Li Mou appeals from an order modifying the spousal support obligation of respondent Li-Jau Yang. Mou has failed to show that there was insufficient evidence to support the trial court’s findings or that the trial court abused its discretion in its award of spousal support. Accordingly, we affirm the order.

F.D. (Mother) is the mother of D.D., who was 12 years old on the date of the challenged orders. Mother challenges the court’s jurisdiction and disposition orders made on August 23, 2017, in which the court found Mother to be an offending parent and declined to place D.D. in her care. Specifically, Mother argues: (1) the jurisdictional finding that she failed to protect D.D. from Father is not supported by substantial evidence because Father had moved D.D. to another state six years prior, concealed D.D.’s whereabouts and prevented D.D. from contacting Mother for three to four years; and (2) because the court found Mother to be an offending parent, it did not make the required finding of detriment required by Welfare and Institutions Code section 361.2, when considering placement with a nonoffending parent, and any such finding is not supported by substantial evidence. As discussed post, we reverse the jurisdictional finding and the dispositional order as to Mother.

L.G., the stepdaughter of father A.B., reported being molested by A.B., resulting in the filing of a dependency petition by the San Bernardino County Children and Family Services (CFS). The juvenile court made a declaration of dependency under Welfare and Institutions Code, section 300, subdivisions (b), (d), and (j), as to four children: L.G. and her sister, S.G., from mother’s prior marriage, and A.B. and D.B., from mother’s relationship with father A.B. As for A.B. and D.B., the juvenile court removed them from father’s custody, placed them in the custody of mother, and denied father reunification services. Father appealed.

According to her complaint, Robin L. Hoffman took out a home loan from IndyMac Bank, FSB (IndyMac). Under the deed of trust, the beneficiary was Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for IndyMac and its successors and assigns. IndyMac was taken over by the Federal Deposit Insurance Corporation (FDIC); most or all of its assets were sold. Thereafter, MERS purported to assign the loan to Deutsche Bank National Trust Company as Trustee for Residential Asset Securitization Trust 2005-A8CB Mortgage Pass-Through Certificates Series 2005-H (Trust). Finally, the Trust foreclosed.

A jury found Smith Ellison, Jr. guilty of the second degree murder of his son Jason (Pen. Code, § 187, subd. (a)), with a further finding that Ellison personally and intentionally discharged a firearm (id., §§ 12022.53, subd. (d), 1192.7, subd. (c)(8).) The trial court sentenced Ellison to prison for an indeterminate term of 40 years to life.

Abdiwelle Yousuf was convicted in a court trial of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The court also made a finding that Yousuf personally used a deadly weapon. (§ 1192.7, subd. (c)(23).) The court sentenced Yousuf to a three-year prison term, but suspended the execution of the sentence and granted Yousuf probation on various terms and conditions.
Yousuf filed a timely notice of appeal.

Henry Louis Gonzales appeals from a judgment following a guilty plea. Gonzales's brief on appeal, filed by appointed appellate counsel, presents no argument for reversal in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). Gonzales did not respond to separate invitations from appellate counsel and from this court to file a supplemental brief. After independently reviewing the entire record for error as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.

Alicia and David Smith (collectively, the Smiths) appeal from a judgment in favor of the California Franchise Tax Board (FTB) after the trial court concluded that the FTB did not owe the Smiths a refund for taxes paid on monetary gains from the sale of real property.
After selling certain property in San Diego County in 2003, the Smiths purchased additional properties, including an apartment building on McDowell Road in Scottsdale, Arizona (McDowell Road Property).