California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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In re Beautifull C. CA2/7
Oct 12, 2022
Beautifull Tests Positive for Methamphetamine at Birth; the Department Files a Petition Under Section 300, Subdivisions (b)(1) and (j); and the Juvenile Court Sustains the Petition and Removes Her When Pricilla gave birth to Beautifull in July 2020, they both tested positive for …
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In re J.B. CA2/3
Oct 12, 2022
FACTS AND PROCEDURAL HISTORY J.B. and A.B. were 14 and 12 years old, respectively, when the juvenile court declared them dependent children. The Los Angeles Department of Children and Family Services (Department) contacted the family after police arrested father for spousal abuse…
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Koerber v. Encyclopaedia Britannica CA2/2
Oct 12, 2022
On April 12, 2019, appellant filed a complaint against respondents alleging causes of action for (1) intentional infliction of emotional distress (IIED), (2) violation of Business and Professions Code section 17200, (3) negligence, (4) fraud, (5) wrongful refusal to hire, (6) vio…
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P. v. Gutierrez CA2/3
Oct 12, 2022
Gutierrez and Jacobo were members of the City Terrace gang, whose main rival was the Geraghty Lomas gang. On August 7, 2011, at about 1:30 a.m., Martha G. drove her van to Duke’s liquor store. Martha’s passengers included her husband Joel, her stepson Santiago, and Santiago’s fri…
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P. v. Phouamkha CA1/1
Oct 12, 2022
After Fresno police received a tip that defendant was carrying a weapon, Detective Ger Vang and Officer Scott Gray were dispatched to a local apartment complex. They approached defendant in the carport of the complex and asked for permission to search his vehicle, which he ultima…
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Conservatorship of L.P. CA1/2
Oct 12, 2022
“[A]n action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal would be without practical effect, and the appeal will therefore be dismissed.” (9 Witkin, Cal. Proced…
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P. v. McDaniel CA1/5
Oct 12, 2022
Erick Dasean McDaniel appeals from the trial court’s postjudgment order denying his petition for resentencing under Penal Code section 1170.95. McDaniel argues, and the People concede, that the merits of his petition must be reconsidered under recent ameliorative changes to secti…
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P. v. Fauolo CA1/2
Oct 12, 2022
On November 5, 2019, Fauolo was convicted by a jury of assault with a semi-automatic firearm (Pen. Code, § 245, subd. (b)) (count 2) and being a felon in possession of a firearm (§ 29820, subd. (b)) (count 6). The jury also found true enhancements as to count 2: the personal use …
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Westbrook v. Chen CA6
Oct 12, 2022
On May 12, 2020, Westbrook, as a self-represented litigant, filed a complaint against Chen. The claims arose out of a dispute between Chen and Westbrook Group Inc., dba Westbrook Realty (WBREA). In December 2018, Chen entered into an independent contractor agreement with WBREA (h…
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J.M. v. Superior Court CA4/3
Oct 12, 2022
E.M. was taken into protective custody shortly after her birth in February 2020, based on J.M.’s history of substance abuse and extensive criminal history related to substance abuse, her prior dependency experience in which she did not reunify with E.M.’s half siblings, and conce…
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J.M. v. Superior Court CA4/3
Oct 12, 2022
E.M. was taken into protective custody shortly after her birth in February 2020, based on J.M.’s history of substance abuse and extensive criminal history related to substance abuse, her prior dependency experience in which she did not reunify with E.M.’s half siblings, and conce…
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Robinson v. County of Orange CA4/3
Oct 12, 2022
In 2006, Robinson “first took up residence” in a mobilehome located on a particular space within The Groves. The Robinson real property was assessed to have a base year value of $348,000 that year. Several years later, in September 2012, Robinson filed with the Board a verified a…
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Fisher v. County of Orange CA4/3
Oct 12, 2022
In 1986, Fisher “first took up residence” in a mobilehome located on a particular space within The Groves through her purchase of her mobilehome for the price of $80,000. At the time, The Groves was not a resident-owned mobilehome park, so Fisher did not have a taxable land inter…
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P. v. Castellanos CA4/3
Oct 12, 2022
This case is comprised of crimes committed on two different days and involved two trials. An information charged Castellanos with aggravated assault of David Rodriguez with a deadly weapon (vehicle) on August 7, 2011. (§ 245, subd. (a)(1), count 3.) The information also charged C…
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In re J.A. CA5
Oct 12, 2022
Mother had four children—Sophia C., Jo.A., C.A., and J.A. Sophia, Jo.A, and C.A. have different fathers and were removed from mother’s custody in prior dependency proceedings due to her untreated mental health problems. Sophia’s father had sole legal and physical custody of her, …
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In re M.G. CA5
Oct 12, 2022
In April 2021, the child was taken into protective custody, shortly after her birth, as a result of mother’s untreated mental health issues and prior stabbing of her infant child in 2011. The department filed a petition alleging the child was at substantial risk of suffering nona…
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P. v. Guice CA5
Oct 12, 2022
Petitioner Paul Andrew Guice petitioned the trial court pursuant to Penal Code section 1170.95 for resentencing on his conviction for first degree murder. The trial court held an evidentiary hearing and denied the petition on the ground petitioner was the actual killer and theref…
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P. v. Guice CA5
Oct 12, 2022
Petitioner Paul Andrew Guice petitioned the trial court pursuant to Penal Code section 1170.95 for resentencing on his conviction for first degree murder. The trial court held an evidentiary hearing and denied the petition on the ground petitioner was the actual killer and theref…
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In re T.W. CA4/2
Oct 12, 2022
On March 9, 2020, personnel from the department filed a Welfare and Intuitions Code section 300 juvenile dependency petition alleging, in part, that parents had left the minor with unrelated persons for extended periods of time without provision for support. Parents whereabouts w…
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In re S.M. CA4/2
Oct 12, 2022
In July 2020, DPSS intervened when it was alleged that father had absconded with Ja.M. Mother indicated father suffered from bipolar disorder, but, when police arrived, they informed mother that they could not get the child back because there were no Family Law orders granting he…