CA Unpub Decisions
California Unpublished Decisions
A jury convicted defendant and appellant, David Salcedo, of robbing his girlfriend’s cell phone at a Chino gas station, while she was talking to a 911 call dispatcher. (Pen. Code, §§ 211, 212.5, subd. (c); count 1.) Because defendant had cohabited with the victim, who was the mother of his two children, the jury also convicted him of battery against a fellow parent, a lesser included offense within the crime of corporal injury on a spouse or cohabitant. (§§ 243, subd. (e)(1), 273.5, subd. (a); count 2.)
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Plaintiff and appellant Joseph Grimes (Grimes), a prisoner serving his sentence at the California Medical Facility in Vacaville, alleges that a correctional officer violated his civil rights by disclosing to the general population at the Chino Institution for Men (CIM) that he was formerly in protective custody. Grimes filed a grievance, which was rejected on the ground that he failed to demonstrate a material adverse effect upon his welfare. He then filed a claim with the California Victim Compensation and Government Claims Board (Board) seeking $50,000. His claim was rejected as untimely, and he initiated this action against the defendant and respondent Board, requesting relief from the requirements of Government Code section 945.4. On June 30, 2016, the trial court denied Grimes’s petition for failure to give proper notice to the Attorney General pursuant to Government Code section 946.6, subdivision (d). Grimes appeals, contending the trial court abused its discretion. We a
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Plaintiff and appellant, June Davidson, brought this suit against her former attorneys, defendants and appellants, Stanley Skip Southwick, Glen Biondi, and the Law Offices of Southwick and Biondi, PLC (the law firm). After a trial, the jury found defendants liable for breach of fiduciary duty, fraud, professional negligence, and money had and received. The jury awarded Davidson damages totaling $48,382.93.
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The Board of Directors (the Board) of Bear Valley Community Hospital (Bear Valley) denied Dr. Robert O. Powell's advancement from provisional to active staff membership and reappointment to Bear Valley's medical staff. Dr. Powell appeals from the superior court judgment denying his petition for writ of mandate to void the Board's decision and for reinstatement of his medical staff privileges. We affirm.
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A grand jury indicted defendant Lamar Thomas, a prison inmate, and codefendant Melissa Ann Gibson on multiple charges including possession of heroin in a state prison (Pen. Code, § 4573.6, count 5) and bringing, and/or assisting in bringing, heroin into a state prison (§ 4573, subd. (a), count 6). The indictment further alleged with respect to both counts that defendant had eight prior serious or violent felony convictions.
The jury convicted defendant of both counts. The court in a bifurcated proceeding subsequently found beyond a reasonable doubt that defendant had committed each of the eight prior serious or violent offenses. The court sentenced defendant to the upper term of four years, doubled for the strike priors, for a total term of eight years to run consecutive to the sentence defendant already was serving. |
In 2016, James Sallah, a court-appointed corporate monitor (Monitor) for an investment entity, filed an action against Columbia Downtown, LLC (Columbia) and Chhatrala Barstow, LLC (Chhatrala Barstow), seeking repayment of funds borrowed from the investment entity in 2013. The Monitor asserted a breach of written contract cause of action against Columbia and a quasi-contract/unjust enrichment claim against Chhatrala Barstow. Chhatrala Barstow demurred on the basis of California's two-year statute of limitations. The court sustained the demurrer without leave to amend. The Monitor appeals. We affirm.
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Newland Sierra, LLC seeks to build a large residential development in an unincorporated rural area of northeastern San Diego County (County). An adjacent property owner, Golden Door Properties, LLC (Golden Door), filed a lawsuit against the public water supplier for the proposed project (Vallecitos Water District (District)), and named Newland Sierra and the County as real parties in interest. In the amended complaint, Golden Door challenged two statutory assessments in which the District concluded there is sufficient water supply for the project. The court sustained a demurrer without leave to amend on grounds of lack of finality, failure to exhaust remedies, and mootness. We affirm.
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“On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (hereafter Proposition 47), which went into effect the next day. (Cal. Const., art. II, § 10, subd. (a).)” (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) Proposition 47 created a resentencing provision, codified at Penal Code section 1170.18, which provides that a person currently serving a sentence for certain designated felonies may petition for recall of the sentence to reduce felonies to misdemeanors. Defendant Coralisha Cunningham appeals from an order denying her petition to reduce a conviction from a felony to a misdemeanor.
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C.S. (mother) appeals from the juvenile court’s orders terminating parental rights for her seven children, L.U., R.A., A.G., Vi.G., Va.G., J.G., and A.A. (collectively, the minors). (Welf. & Inst. Code, § 366.26.) R.A. (father) also appeals from the same order for the two children he shares with mother, R.A. and A.A. Father contends the juvenile court failed to comply with the inquiry and notice procedures of the Indian Child Welfare Act (ICWA) as to R.A. and A.A. (25 U.S.C. § 1901 et seq.) Pursuant to the California Rules of Court, rule 8.200(a)(5) mother joins and adopts by reference father’s argument.
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A jury found defendant Irish Donell Jones guilty of robbery, with a finding he personally used a gun, and guilty of resisting an officer. On appeal, defendant contends his trial counsel rendered ineffective assistance in failing to request an instruction that the jury should view his alleged statements during the robbery with caution. He also contends reversal is required to allow the trial court to consider striking the firearm enhancement pursuant to the newly enacted Senate Bill No. 620 (2017-208 Reg. Sess.; hereafter Senate Bill 620). We will remand to allow the trial court to exercise its newfound discretion under Senate Bill 620. In all other respects, we affirm the judgment.
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Defendant Raymond Chavez was convicted by jury of 23 sex offenses committed against the victim over a six-year period, when the victim was between the ages of 6 and 12. Nineteen of those offenses were lewd or lascivious conduct with a child under the age of 14 years, 18 of which were committed by use of duress. (Pen. Code, § 288, subds. (a), (b)(1).) The remaining four offenses were oral copulation with a child 10 years of age or younger. (§ 288.7, subd. (b).) Defendant was sentenced to serve an aggregate state prison term of 98 years plus 60 years to life.
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In February 2014, while an inmate at High Desert State Prison in Susanville, plaintiff Michael Clark sued defendants, the secretary of the Department of Corrections and Rehabilitation and the warden at High Desert State Prison, over the implementation of a rule prohibiting inmates at High Desert State Prison from possessing certain personal property, including long-handled tooth brushes, nail clippers, cream-filled pastries and cookies, stringed instruments, razors, open-toed slippers, and sweatpants and shorts with drawstrings. Clark sought declaratory and injunctive relief; he did not seek monetary damages.
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Luis Avila Arroyo appeals from the judgment imposed after his guilty plea. (Pen. Code, § 1237, subd. (b); Cal. Rules of Court, rule 8.304(b)(4)(B).)
While executing a May 2015 search warrant, sheriff’s deputies found methamphetamine, ammunition, and a pistol in Arroyo’s garage. Around the same time, other deputies saw Arroyo walking down the street and attempted to stop him. He discarded a knife and baggie of methamphetamine before the deputies could apprehend him. In August 2015, Arroyo threatened to shoot his wife and fired a shot into the air. A police officer heard the shot and attempted to detain him. During the ensuring pursuit, Arroyo discarded a gun. |
Andrea E. (mother) appeals from the jurisdiction and disposition orders entered April 26, 2017. Mother contends the juvenile court erred in asserting dependency jurisdiction over her three minor sons pursuant to Welfare and Institutions Code section 300, subdivisions (a), (b) and (j), and in issuing disposition and custody orders unsupported by the evidence.
We find no error and affirm. |
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