CA Unpub Decisions

J.B. was Jackson’s biological mother, and defendant, to whom J.B. was married, was Jackson’s biological father. J.B. gave birth to Jackson by Caesarean section (C-section) on June 27, 2010, at a hospital in Porterville. Jackson was premature by approximately two weeks and weighed almost six pounds. Because he was having breathing problems, Jackson was transferred to Valley Children’s Hospital for further treatment and remained there for approximately three weeks.
J.B. brought Jackson home to their one-bedroom apartment in Porterville when he was approximately one month old, and he would sometimes sleep through the night. Jackson loved to eat and would wake up at feeding time. J.B. bottle-fed Jackson every two to three hours, using a boppy pillow (described as a doughnut-like pillow that is elevated in the back to aid the baby in sitting) to support his head. She had no problems with Jackson, and he was a good sleeper.

In March 2016, a jury convicted defendant of attempted murder (§§ 187, 664; count 1), assault with a semiautomatic firearm (§ 245, subd. (b); count 2), and attempted robbery (§§ 211, 664; count 3). Firearm enhancement allegations under section 12022.53, subdivision (d) were found true in relation to counts 1 and 3. A firearm enhancement allegation under section 12022.5, subdivision (a) was found true in relation to count 2. No additional enhancements were alleged.
In April 2016, defendant was sentenced to an aggregate prison term of 30 years to life based on the lower term of five years for count 1 plus the enhancement under section 12022.53, subdivision (d). Punishment for count 2 was stayed (§ 654) and a concurrent prison term was imposed for count 3. The trial court emphasized it had no discretion regarding the imposition of a life term under California’s “Use a gun and you’re done” law, i.e., section 12022.53.

Defendant entered into a plea agreement in which he pled guilty to a felony charge of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)) and a misdemeanor charge of driving under the influence of alcohol (Veh. Code § 23152, subd. (a)). He also admitted a strike prior of assault with a firearm (Pen. Code, § 245, subd. (a)(2)). The other charges and enhancements alleged in the information were to be dismissed by the prosecutor. Included in the terms of defendant’s agreement were a six- year sentence for the Penal Code violation, a concurrent six-month term for the Vehicle Code offense, a $300 restitution fee, and his waiver of any right to appeal he may have. The following day, defendant moved to withdraw his plea.

On April 9, 2021, defendant and the victim, defendant’s girlfriend with whom he lived part-time, went out to a bar to watch a band play. By the time they left, defendant was “pretty drunk.” Defendant opened the door while the victim was driving home and “decided to try to jump out.” Defendant intentionally spilled a soda all over the console of the victim’s car. According to the victim’s testimony, she hit defendant three times; defendant attempted to defend himself. The victim called the police.
When defendant and the victim arrived at her home, the victim went inside. Defendant smashed a terrarium on the porch because the victim would not let him inside the house. Defendant also punched one of the windows of the home, breaking it. The victim called 911. Defendant left.
An officer responded to the victim’s home. The officer observed that one of the home’s windows was broken. There was a broken fish tank on the porch. The victim was upset and crying.

In 2003, Bhullar and Dhaliwal, brothers-in-law, formed a partnership to acquire and operate retail gasoline stations in Southern California. To that end, the partners formed three legal entities, including Midland. Between 2003 and 2009, the partners purchased and operated seven gasoline stations, including an ARCO station and AM/PM mini-mart located on Haven Avenue in Ontario (hereafter Haven ARCO) that was owned and operated by Midland.
The franchise operating agreements for the Haven ARCO station had previously been entered into between BP West Coast Products LLC (BP West) and US Petro, Inc. (US Petro). At the time, Dhaliwal was the managing member and franchise designee for US Petro and, on August 11, 2008, he signed two agreements on its behalf: (1) a “Contract Dealer Gasoline Agreement” (hereafter gas agreement) and (2) an “ampm Mini Market Agreement” (hereafter mini-mart agreement).

L.S. was born in October 2018. Mother and Father began dating in 2020, and were living together by early 2021.
On February 3, 2021, L.S. was taken to Rady’s Children’s Hospital because of vomiting the previous day. She had bruises “all over her body,” including “her chest, ear, left arm, left thumbnail, left upper cheek, forehead, left first toe, right side nostril and under her left eye.” She also had a liver laceration and internal bleeding, suggesting renal gland bruising, and needed a blood transfusion. Child abuse expert Dr. Shalon Nienow said this was a “ ‘near fatality’ case,” and if the parents “waited any longer [L.S.] could have died.” She opined the organ injuries were from “ ‘extreme violent forces’ which could have been a ‘kick or punches’ to the abdomen”; the chest bruises were from punching; and the toe bruising was from biting.

After 35 years of marriage, Husband and Wife separated in 2018. Wife then filed for divorce. They agreed to use a privately compensated temporary judge for the divorce proceedings. In March 2019, the trial court entered a stipulation and order appointing retired Judge William Howatt, Jr. as a temporary judge pursuant to article VI, section 21 of the California State Constitution and California Rules of Court, rule 2.831. The stipulation and order of appointment granted Judge Howatt authority to “exercise all powers and duties of a San Diego Superior Court Judge.” The parties expressly agreed to pay the fees for the court reporter and the temporary judge “from a community source.” At the time of separation, Husband and Wife had substantial assets, including several real properties, some of which they used as income-generating rental properties.
In October 2019, Judge Howatt ordered Husband to pay spousal support to Wife in the monthly amount of $12,500.

L.B. was Majerus’s girlfriend and lived with him. In April 2018, Majerus hit, strangled, and threatened L.B.
An information charged Majerus with one count of inflicting corporal injury on L.B. (§ 273.5, subd. (a)), and one count of making a criminal threat against her (§ 422, subd. (a)).
On September 9, 2019, Majerus pled no contest to one count of inflicting corporal injury on L.B. (§ 273.5, subd. (a).) The remaining count was dismissed.
Based on the terms of the plea agreement, on October 28, 2019, the trial court imposed and suspended an upper term sentence of four years and placed Majerus on three years of formal probation on the condition that Majerus serve 280 days in jail with credit for 280 days served. The trial court directed the probation department to investigate the appropriate restitution and to “send the matter to the court on noticed motions.”

On June 10, 2019, around 11:00 a.m., California Highway Patrol responded to the report of a car accident. When they arrived, patrol officers saw a car stuck in a metal fence on the side of the road. Defendant was the driver of the car. The hood of the car was dented, the windshield broken, the roof and grill of the car were crushed, and the air bags deployed. The responding officer approached the car where defendant was being treated by medical personnel.
When the officer reached defendant, he could smell “burnt marijuana” emanating from the car. He also noticed defendant’s eyelids were “extremely droopy.” Defendant could not explain how she lost control of her car, neither did she know how fast she was going when she did. As they talked, the officer observed defendant’s speech was “labored and slow,” her movements “slow and deliberate.” He saw several prescription bottles in the center console and in the back seat of the car.

APPEAL from orders of the Superior Court of Los Angeles County, Tara Newman, Judge. Conditionally reversed and remanded with directions.
Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and Appellant D.S.
John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant E.V.
Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, Sally Son, Deputy County Counsel, for Plaintiff and Respondent.

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Mother D.S. and father E.V. appeal from an order terminating their parental rights over their child A.V. pursuant to Welfare and Institutions Code section 366.26. Mother also appeals from an order terminating her parental rights over her child A.M.

On July 20, 2020, defendant Deandre Harper pleaded no contest to a charge of burglary under Penal Code section 459. The trial court sentenced him to 11 years, suspended execution of sentence, and placed him on formal probation for five years. One condition of that probation was to “obey all laws . . . .”
Less than a year later, on June 22, 2021, defendant was arrested for willful infliction of corporal injury (Pen. Code, § 273.5, subd. (a)) and criminal threats (id., § 422, subd. (a)) following a domestic violence incident with his girlfriend, C.S. On July 8, 2021, the trial court revoked defendant’s probation and issued a bench warrant. Defendant appeared on July 13, 2021.
The trial court held a parole violation hearing on August 10, 2021. The People called C.S. as a witness. C.S. testified that at the time of the domestic violence incident she had been dating defendant for about three years.

APPEAL from an order of the Superior Court of Los Angeles County, Norman J. Shapiro, Judge. Dismissed.
Richard B. Lennon and Anna Rea, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.

A trial jury convicted defendant Norman Young (defendant) in 1996 on charges of robbery and attempted robbery. Sentencing enhancements, including an allegation that defendant used a firearm in connection with the robberies and attempted robbery (Pen. Code, § 12022.5, subd. (a)) were found true. The trial court imposed an 89 years to life prison sentence pursuant to the “Three Strikes” law. This court affirmed the judgment on direct appeal.
Many years later, defendant filed a document captioned “Request to Amend Abstract of Judgment” in the trial court. Defendant’s filing asked the court to issue an amended abstract of judgment that designated his convictions as serious felonies rather than violent felonies.

The Williams plaintiffs filed this action on April 27, 2020. After the trial court sustained the Wells Fargo defendants’ demurrer to the first amended complaint with leave to amend, the Williams plaintiffs filed the operative second amended complaint, alleging causes of action for (1) breach of contract, (2) declaratory relief, (3) conspiracy to convert and embezzle funds, (4) negligence, (5) breach of the covenant of good faith and fair dealing, (6) financial elder abuse, and (7) violation of the UCL. The second amended complaint omitted several material factual allegations from the first amended complaint; we consider these allegations under the sham pleading doctrine.
The second amended complaint relies on the same allegations for all counts. Williams was an 84-year-old physician who operated a medical practice in California through the Corporation, which he wholly owned. As of April 12, 2014 the Corporation operated two medical clinics in Los Angeles County.

Djama is a citizen of Uzbekistan. She entered the United States in 2011 as a lawful permanent resident. Djama emigrated here to improve her life financially, to help her family, and “to live freely as a Muslim lesbian without fear of persecution,” which she was facing in her home country.
In July 2016, the People charged Djama with allowing a mischievous animal to cause serious bodily injury to another person (§ 399, count 1); assault with a deadly weapon—a dog (§ 245, subd. (a)(1), count 3); criminal threats (§ 422, subd. (a), count 5); and unlawful transportation of marijuana (Health & Saf. Code, § 11360, subd. (a), count 6). The court bifurcated count 6 from counts 1, 3, and 5.
On June 16, 2017, Djama, who was represented by a deputy alternate public defender, pled no contest to count 6.