CA Unpub Decisions

In February 2020, defendant entered his ex-girlfriend’s home, found her in bed with a man, and hit that man on the head with a baseball bat several times. The baseball bat also struck defendant’s ex-girlfriend’s hand when she tried to block defendant’s blows. When two other adults in the home tried to make defendant leave, he pointed a handgun at them at threatened to kill at least one of them. Defendant also broke multiple windows of a car parked outside the home that belonged to the man in bed with his ex-girlfriend.
An information alleged defendant committed 10 offenses, including first degree burglary (Pen. Code, § 459) ; two counts of assault with a deadly weapon (§ 245, subd. (a)(1)), with the accompanying allegation of personal infliction of great bodily injury (GBI) (§ 12022.7, subd. (a)) as to one of those counts; two counts of assault with a semiautomatic firearm (§ 245, subd. (b)); vandalism causing over $400 in damage to the personal property of another (§ 594,

Following the minor’s premature birth and positive test for methamphetamine, the Department filed a section 300 petition on her behalf alleging the minor was a person described in subdivisions (b)(1) and (j). The petition alleged the minor suffered, or was at substantial risk of suffering, harm due to substance abuse by mother. The petition further alleged substantial risk to the minor due to the abuse or neglect of, and eventual termination of mother’s parental rights over, the minor’s three half siblings. A protective custody warrant issued and the minor was later temporarily detained for protection. Eventually, the minor was released from the neonatal intensive care unit and placed in a confidential foster home.
On December 2, 2020, the minor’s mother denied having any Native American heritage and later filed an ICWA-020 form confirming her denial. On December 3, 2020, father reported that while he was not registered, he possibly had Native American heritage through his pater

Defendant pled no contest to one count of domestic abuse (Pen. Code, § 273.5) and admitted a prior serious felony conviction. Based on the negotiated plea, the trial court sentenced him to six years in prison.
Following sentencing, the prosecution sent defendant a notice explaining that the victim had requested $2,902.69 for relocation expenses and the VCB had paid the victim $2,000. The notice specified that the court was required by section 1202.4, subdivision (f)(4)(A) to “order restitution payable to VCB.” Likewise, the hearing waiver and hearing request forms attached to the notice both indicated that the restitution sought would be paid to the VCB. The notice also included records certified under penalty of perjury showing that the VCB paid $2,000 to the victim for relocation expenses, based on bills showing apartment rental expenses of $2,902.69.

On the morning of November 23, 2020, Sylvia S. parked her car near her mother’s house before going to work at the Sheraton Grand Hotel approximately five blocks away. When Sylvia turned off the engine, the doors automatically unlocked. Defendant opened the passenger side door and got in the car. He took out a pistol and pointed it at Sylvia. Defendant said, “You need to drive right now.” Sylvia told defendant she would not drive him anywhere. She got out of the car and ran to her mother’s house. When her mother let her in, Sylvia’s brother-in-law called 911. Defendant followed her to the door but left after two or three minutes. Police officers responding to the call arrested defendant.
Defendant testified that on November 23, 2020, he was walking to the Sacramento Natural Foods Co-op where he worked as a security guard.

Defendant shoplifted from a store, punched one of the store employees in the jaw, and took the victim’s employee badge. In case No. 18CF03572 (572), defendant pleaded guilty to one count of robbery (Pen. Code, § 211). Subsequently, defendant failed to appear for sentencing while out on bail. In case No. 20CF00924 (924), defendant pleaded guilty to one count of felony failure to appear (§ 1320.5).
On November 19, 2020, while in custody, defendant consumed jail-manufactured alcohol and was placed in a sobering cell, where he subsequently blocked a deputy from leaving and hit a second deputy in the face. Pending sentencing in case Nos. 572 and 924, defendant was charged in case No. 20CF05871 (871) with resisting an executive officer, a felony (§ 69, subd. (a)). The robbery conviction in 572 was alleged as a prior strike conviction under sections 667, subdivision (d), and 1170.12, subdivision (b).

U.R. was working at Macy’s women’s shoe department when she observed defendant collecting red shoes and waving them in front of a mirror. Defendant continued picking up red shoes and moved toward the doors leading to the parking lot when U.R. offered her assistance. U.R. said defendant could not take the shoes. Defendant pulled out a jack handle and walked backward toward the exit doors. He said, “I’ll bust y’all shit.” He held several pairs of shoes in one hand and the jack handle in his other hand. U.R. was concerned for her safety.
Officer Victor Arreola, a federal law enforcement officer, was at Macy’s with his children when he noticed defendant. Officer Arreola saw U.R. approach defendant and heard defendant yelling. Officer Arreola was concerned that defendant would strike U.R. with the jack handle. Officer Arreola told U.R. to stay back.
Defendant pointed and waved the jack handle at Officer Arreola and said, “if you’re a cop, I’m going to bust yo head open.

Proposition 13 restricted the ability of state and local governments to impose taxes but local governments circumvented those limitations by labeling increases in rates for services as fees, charges or assessments rather than taxes. (Plantier, supra, 7 Cal.5th at 380-381; Valley Baptist Church v. City of San Rafael (2021) 61 Cal.App.5th 401, 421; Silicon Valley Taxpayers’ Assn. v. Garner (2013) 216 Cal.App.4th 402, 406.) In 1996, voters passed Proposition 218, known as the “Right to Vote on Taxes Act,” to fill in perceived loopholes in Proposition 13. (Voter Information Guide, Gen. Elec. (Nov. 5, 1996) text of Prop. 218, § 1, p. 108; Paland v. Brooktrails Township Community Services Dist. Bd. of Directors (2009) 179 Cal.App.4th 1358, 1365 (Paland).)

On a September afternoon in 2010, 16-year-old C.T. was “hanging out” outside a house on Bishopgate Court in South Sacramento with friends, three of whom were affiliated with a street gang called Guttah Boyz. Their good time together ended and her life was to be changed forever after one of the friends came out of the house and made a face that caused the other friends to turn and look at a group of boys coming up the court, whereupon everyone started running into the house.
C.T. ran as well but was able during her escape to recognize two of the faces in the approaching group of boys, though she was reluctant to disclose their names in response to questioning at trial.

A. The Offense Conduct, as Established by the Evidence at Trial
In December 2018, CHP officer Brian Paxson was on patrol with a narcotics-trained dog on northbound State Route 99 in Kern County. He stopped a four-door pickup truck with a non-functioning brake light and a license plate obscured by a discolored plastic cover. Angel Alfaro (Alfaro) was driving and defendant was in the front passenger seat.
Officer Paxson approached the vehicle on the passenger side. He asked Alfaro to exit the truck because it was “really loud” and he “felt like [he] was yelling.” Alfaro did not have a driver’s license and was “visibly shaking” when he gave Officer Paxson another form of identification. Alfaro said he and defendant were driving to “the store,” but he could not say which one. Defendant, who also lacked a driver’s license, told Officer Paxson he and Alfaro were driving to a friend’s house, but he could not provide the address.

I. Facts
A. The encounter and arrest
On the evening of March 18, 2021, defendant, his girlfriend, and her baby were standing next to defendant’s car on the street. Los Angeles Police Department (LAPD) Officer Kenny Pintado was driving a patrol car; also in the car were his partner, LAPD Officer Arnold Nerio, and Probation Officer Kenneth Huang. The police officers recognized defendant from prior interactions.
Officer Pintado pulled the patrol car to within a few feet of defendant, and both police officers engaged him in conversation while they remained seated in the patrol car. As the conversation progressed, defendant “got nervous,” “started stuttering” “slightly,” and then started “looking side to side” while “backing away from [the police] vehicle.” When Officer Pintado asked defendant to “lift up [his] shirt,” defendant refused, announced he did not have a weapon on him, backed away further and then grabbed his waistband.

In September 2021, the juvenile court terminated the parental rights of appellant mother S.W. and non-party father Steven H. over their daughter D.O. (then two years old) at a hearing brought under Welfare and Institutions Code section 366.26. Additionally, despite claims from both Mother and Steven of potential membership in Indian tribes, the court found the Indian Child Welfare Act (ICWA) inapplicable.
On appeal, Mother argues the court erred in declining to apply the parental-benefit exception to terminating her rights and further erred in finding ICWA inapplicable. The Los Angeles County Department of Children and Family Services (DCFS) contends the court did not err in declining to apply the parental-benefit exception but does not oppose a limited remand for compliance with ICWA.

David and Amy married in 2014. They had one daughter, Charly, who was born in 2017. In 2018, David petitioned for dissolution of the marriage. The family court granted the dissolution. On August 8, 2019, the family court awarded parents joint legal custody but gave Amy primary physical custody and David visitation weekdays for three hours each day and weekends twice a month.
In December 2020, Amy requested spousal support and to be allowed to relocate with Charly to Georgia. She also requested attorney fees in the amount of $18,000. In her brief, Amy represented that she had job offers for full-time work in Georgia and that Georgia’s educational system would be better for Charly.
David opposed the requests and asked that Charly remain with him if Amy relocated.

The family consists of mother, a daughter (born 2006), a son (born 2007), twins (born 2014), and an infant (born 2019). M.C. is the presumed father of daughter and son. G.L. is the presumed father of the twins. Infant’s father is unknown.
I. Referrals and initial investigation
The family was subject to three prior dependency cases, involving domestic violence and substance abuse. The most recent case closed in July 2020 and mother received sole custody of the children.
In August 2020, DCFS received a referral that mother threatened to beat, shoot, and kill daughter. A social worker contacted daughter at her paternal grandmother’s home. Paternal grandmother said that a few weeks prior, mother hit daughter that left a scar on her neck.
Daughter showed DCFS the mark on her neck that was still healing. Daughter had asked mother why she was telling extended family members that daughter was “sucking dick.”

Defendant and S.M. were in a dating relationship. On November 16, 2018, the couple got into an argument and defendant accused S.M. lying about talking to her mother on the phone. Defendant initially tussled with S.M. in an effort to obtain her cell phone. During the struggle, defendant choked S.M. and hit her in the mouth.
Two days later, on November 18, defendant accused S.M. of cheating. Defendant charged at S.M., choked her, slapped her in the face, punched her in the ear, and kicked her in the chest after she had fallen on the floor. Defendant took S.M.’s cell phone and left. S.M. called her mother; her mother and her mother’s boyfriend came over to S.M.’s apartment. Defendant then returned, and started pounding on S.M.’s front door. When the mother’s boyfriend answered the door and asked defendant to return S.M.’s cell phone, defendant pulled out a knife and came toward the boyfriend with his arm extended (the boyfriend was not injured).