CA Unpub Decisions

Plaintiffs own a home located in Redding, California. In July 2018, plaintiffs’ home was damaged by smoke and soot from the Carr Fire. Plaintiffs submitted a claim to their insurer, defendant Integon National General Insurance Company (Integon), which assigned defendant Kathy Jolliff (Jolliff) as the claims adjuster. Shortly after the claim was filed, Integon advanced $15,000 to plaintiffs for covered living expenses and paid approximately $10,000 to arrange temporary housing for plaintiffs.
Jolliff hired Rick Herrington (Herrington), an independent adjuster from CenterPoint Claims Service Inc. (CenterPoint), to inspect plaintiffs’ property and prepare a report. Herrington inspected the property on August 14, 2018, and then documented his findings in a covered loss report. Herrington observed soot throughout the house and property, and recommended cleaning of the exterior and interior surfaces, as well as the personal property within the home.

In November 2019, a jury found defendant guilty of dissuading a witness and battery of a cohabitant in case No. CR60321-2 (battery case). On January 21, 2020, the trial court placed defendant on formal probation for three years. In March, the prosecution filed a complaint against defendant in case No. CR61817 (firearm case) along with a petition to revoke defendant’s probation after defendant was found in possession of a firearm. Defendant subsequently pled no contest to one count of possession of a firearm by a felon in the firearm case and the trial court found him in violation of the terms of his probation in the battery case. On May 12, defendant was again granted probation for three years.
On August 6, the prosecution filed a petition to revoke defendant’s probation in the battery and firearm cases due to an alleged altercation between defendant and his ex-girlfriend, Brenda F.

In November 2019, a jury found defendant guilty of dissuading a witness and battery of a cohabitant in case No. CR60321-2 (battery case). On January 21, 2020, the trial court placed defendant on formal probation for three years. In March, the prosecution filed a complaint against defendant in case No. CR61817 (firearm case) along with a petition to revoke defendant’s probation after defendant was found in possession of a firearm. Defendant subsequently pled no contest to one count of possession of a firearm by a felon in the firearm case and the trial court found him in violation of the terms of his probation in the battery case. On May 12, defendant was again granted probation for three years.
On August 6, the prosecution filed a petition to revoke defendant’s probation in the battery and firearm cases due to an alleged altercation between defendant and his ex-girlfriend, Brenda F.

At approximately 6:00 p.m. on April 23, 2016, defendant was the passenger, and Cesario the driver, as they left a casino in defendant’s pickup truck. Before they left, defendant consumed three alcoholic drinks at the casino.
Around 7:30 p.m., the men entered a restaurant where Cesario’s girlfriend worked. Each man ordered an alcoholic drink. When they left the restaurant, they argued in the parking lot, as Cesario “begg[ed] [defendant] to let him drive.” Around 8:30 p.m. a passing driver saw the truck on its side, off the road, and called 911.
A firefighter who responded to the scene heard defendant “saying he had F’d up; that he had killed his buddy; he was going to be in big trouble.” A sheriff’s deputy who responded to the scene observed defendant “resting up against the back of one of the medic vehicles in the roadway.” Defendant “appeared to be unsteady on his feet” while standing, and “sway[ed] from side to side while he was seated up against the medic v

G.D. solicited defendant for sex using a cell phone app. The two went to G.D.’s home, smoked methamphetamine supplied by G.D., and had consensual sex.
After the consensual sexual encounter, defendant hit G.D. repeatedly, saying “[w]e can do this the easy way or the hard way.” With his hands around G.D.’s throat, defendant demanded “easy way or hard way” and threatened to kill G.D. until G.D. said he wanted the “easy way.”
Defendant asked G.D. how much money was in the house. He resumed hitting G.D. when G.D. said he only had $30. G.D. then admitted he had $400.
When G.D. tried to run for the front door, defendant punched G.D. and put him in a chokehold so that G.D. could not breathe. He forced G.D. to perform oral sex on him. He penetrated G.D.’s anus with his finger and tongue multiple times. He also penetrated G.D.’s anus with his penis. G.D. did not consent to those sexual acts.

The substantive facts underlying defendant’s convictions are not recounted, as they are not relevant to the disposition on appeal.
On January 30, 2018, defendant was arraigned on two cases alleging a total of four robberies, accompanying firearm enhancements, and prior strike convictions. Public defender Allison Williams represented defendant at the arraignment.
Approximately one month later, defendant made a Marsden motion to relieve his appointed counsel. Ashley Burg was the public defender assigned to represent defendant after his case proceeded past arraignment and was his attorney when defendant made the Marsden motion. Defendant alleged that public defender Williams had continued the matter at the arraignment, against his wishes, as he had wanted to plead, go to preliminary hearing, and exercise his right to a speedy trial.

On the afternoon of November 11, 2019, a neighbor found Minor, who was 20 months old at the time, clothed only in a t-shirt and walking alone outside his home near a busy street. The police, who were summoned to the scene by the neighbor, reported the incident to the Los Angeles County Department of Children and Family Services (the Department), who detained Minor and began a child welfare investigation. A medical examination of Minor revealed injuries consistent with physical abuse inflicted by a belt or electrical cord. The following day, after being unable to contact Minor’s father F.A. (Father), a Department social worker interviewed Mother. During her interview, Mother denied having any American Indian heritage. As part of her investigation, the social worker reviewed a Department file regarding allegations of emotional abuse of Minor arising out of an incident of domestic violence between Mother and Father in August 2019.

In May 2021, Bobby Gossai sued Zoleta Frison-Randler (Randler), individually and as trustee of the Zoleta Frison-Randler Revocable Living Trust. Gossai, who represented himself below and does so in this appeal, asserted five causes of action in his original complaint, all arising out of a June 2017 contract between Randler and Mohamed E. Aboselim (Aboselim). Gossai alleged that Randler breached the contract with Aboselim and, in March 2021, Aboselim assigned his rights and interests in the contract to Gossai.
Gossai appeals from the judgment of dismissal after the trial court sustained Randler’s demurrer without leave to amend as to all causes of action. We conclude Gossai stated a claim for breach of contract and the court erred in sustaining the demurrer to that cause of action. We also conclude, however, that Gossai has not shown the court erred in sustaining the demurrer to his other causes of action.

In May 2021, Bobby Gossai sued Zoleta Frison-Randler (Randler), individually and as trustee of the Zoleta Frison-Randler Revocable Living Trust. Gossai, who represented himself below and does so in this appeal, asserted five causes of action in his original complaint, all arising out of a June 2017 contract between Randler and Mohamed E. Aboselim (Aboselim). Gossai alleged that Randler breached the contract with Aboselim and, in March 2021, Aboselim assigned his rights and interests in the contract to Gossai.
Gossai appeals from the judgment of dismissal after the trial court sustained Randler’s demurrer without leave to amend as to all causes of action. We conclude Gossai stated a claim for breach of contract and the court erred in sustaining the demurrer to that cause of action. We also conclude, however, that Gossai has not shown the court erred in sustaining the demurrer to his other causes of action.

M.W. was born in November 2006. Both before and after M.W.’s birth, however, mother’s mental and emotional problems led to significant contact with the Department of Children and Family Services (DCFS), including a March 2007 section 300 petition that resulted in M.W.’s placement in father’s custody.
Over the next decade, father and his companion, J.S., raised M.W., without reunifying her with mother. Although the record is unclear, father also apparently had custody of M.W.’s older siblings, consisting of a brother and adult sister. Father died in 2015, prompting the probate court to appoint J.S. as legal guardian of M.W. and brother that same year. In January 2018, the juvenile court reported that J.S. had allowed M.W. to spend time with mother despite knowing mother’s mental instability. Mother was being treated for bipolar disorder and auditory hallucinations. She attended a probate meeting in a bathrobe and a tiara.

In 2001, a jury convicted appellant David Wayne Moreland of kidnapping to commit robbery, carjacking, possession of a firearm by a felon, and making terrorist threats. He was sentenced to 16 years plus life in prison, with eligibility for parole in October 2027.
In November 2020, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommended that the trial court recall appellant’s sentence pursuant to Penal Code section 1170, subdivision (d)(1), and resentence him based on his exemplary conduct and commitment to rehabilitation. The trial court declined to recall the sentence.
Appellant appeals from the trial court’s denial of the Secretary’s recommendation. While this appeal was pending, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill 1540) was signed into law in October 2021 and became effective on January 1, 2022. (Stats. 2021, ch. 719.)

On July 14, 2014, Morales, who was represented by counsel Joseph T. Gibbons, pleaded no contest to possessing for sale a controlled substance (Health & Saf. Code, § 11351) and possessing for sale a designated controlled substance (Health & Saf. Code, § 11375, subd. (b)(1)). The probation officer’s report stated that Morales was a citizen. Before accepting the plea, the trial court stated, “If you are not a citizen, this conviction will result in deportation, denial of naturalization, denial of the right to come back into the county. ¶ Are you, in fact a U.S. citizen?” Morales responded, “Yes, your honor.” The trial court sentenced him to seven years in prison.
On April 5, 2021, Morales in propria persona filed a motion to vacate his conviction pursuant to section 1473.7, subdivision (a)(1). He requested that the court hold a hearing in his absence because he was in federal immigration detention in Adelanto, California.

N.L., the mother of N.A., challenges an order terminating her parental rights based on the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (the Act) and related state law. On the maternal side, the Los Angeles County Department of Children and Family Services inquired of the maternal grandmother and attempted to communicate with other family members. Any deficient inquiry was harmless due to the Department’s other investigative efforts involving maternal family members. On the paternal side, under the facts of this case, the Department had no duty to inquire of an alleged father, R.A., who never appeared in the case and made no official action to prove a biological connection with N.A. Lastly, there was no reason to know N.A. was an Indian child, therefore there was no deficiency in formal notice. We affirm.
I
In December 2018, a court terminated the mother’s parental rights over four children, N.A.’s siblings or half siblings.

Allison Ewart was hit by a car and seriously injured when Widge Galloway, serving as a volunteer traffic control officer for Los Angeles County during a triathlon, directed an automobile to turn into Ewart’s path. Although Ewart prevailed at trial in her negligence action against both Galloway and the County, the court of appeal reversed the judgment against the County, holding, because Ewart was an unpaid volunteer, the County could not be found vicariously liable for her negligence. (Ewart v. County of Los Angeles (July 9, 2019, B286379) [nonpub. opn.].)
Faced with a $1.2 million judgment, Galloway assigned to Ewart any rights she might have against the County. Ewart, as Galloway’s assignee, then filed this lawsuit against the County alleging Galloway, who had been provided counsel by the County during the negligence action, was entitled to be indemnified for the judgment.