CA Unpub Decisions

1. The Detention of Serenity and Levi
On April 16, 2021 the Los Angeles County Department of Children and Family Services received a report that, on the previous day, Aaron and Vanessa had engaged in a physical altercation in front of Serenity. When interviewed by a Department social worker the following week, Aaron explained he and Vanessa had been married for 10 years and had separated in January 2021. On the day of the altercation Aaron was home with Vanessa, his two brothers, Alan H. and Abram H., and Serenity. Earlier that day Vanessa and Aaron had been sexually intimate, and Vanessa had surreptitiously recorded the encounter on her cell phone. She threatened to post the video to her social media account and send it to Aaron’s girlfriend. Aaron took the phone from Vanessa to try to delete the video. According to Aaron, Vanessa began slapping and punching him in an attempt to get the phone back.

Angela and Richard were born in August 2019. Both children tested positive for amphetamines and heroin at birth and experienced symptoms of withdrawal thereafter. Mother reported being homeless and using drugs daily during her pregnancy. Father disclosed a prior gang affiliation and an extensive criminal history related to drug use.
Two days after the children’s birth, mother discharged herself from the hospital against medical advice. Neither mother nor father left an address or any contact information other than cell phone numbers. A children’s social worker (CSW) tried to contact both parents the following day, but the parents had their phones turned off and did not return the phone calls.
DCFS obtained an expedited removal order for the children when they were three days old. Upon their release from the hospital, the infants were placed with foster parents who continued to care for them throughout these proceedings and are the prospective adoptive parents.

On November 24, 2020, the trial court conducted a one-day bench trial on plaintiff’s complaint asserting breach of contract and trespass to real property against defendants. The record does not include a reporter’s transcript, so we instead rely on the description of the evidence in the agreed statement as well as the exhibits admitted into evidence by the court.
On October 31, 2014, plaintiff and defendants entered into a three-year residential lease agreement for real property located on Colina Court in Palmdale, California (subject property). Defendants agreed to pay rent at the monthly rate of $1,775, to begin November 1, 2014. A late charge would be incurred by defendants if rent was not received five days after the due date. The agreement further stated, “The rent is due and payable to the landlord only. No payments shall be made to any third party on landlord’s behalf except with an express advance written authorization from the landlord.”

I. The shooting and investigation
At just after 8:00 p.m. on January 5, 2020, Lizet S. was in a car at 21st Street and Locust Avenue when she saw three people, each with a gun, running toward an alley. They wore dark clothing, and one or two of them were shooting guns. Soon thereafter, responding officers found Regina Towns in an open garage off an alley on Locust. Although she had been shot four to five times, she survived.
Two different caliber casings (14 in total) were recovered from the crime scene, suggesting that two guns were used. No DNA or fingerprint testing was conducted on the physical evidence.
Detective Carlos Del Real investigated the shooting. As part of his investigation, he obtained video surveillance from residences near where the crime occurred. The videos show three males, one of whom has a red bandana tied around his face and is wearing long black shorts, long white socks pulled up, and black shoes with white detailing.

C.B. was the subject of a prior dependency petition. On February 22, 2017, the Department of Children and Family Services (Department) received a referral alleging mother and Christopher B. (father) were arguing over money, their relationship, and mother’s discipline of C.B when father pushed, punched, and strangled mother in the presence of C.B. Mother stated there had been at least 10 prior domestic violence incidents between the parents and one incident led to father’s arrest in Omaha. Consequently, in March 2017, the juvenile court sustained a dependency petition alleging (1) the parent’s history of domestic violence in C.B.’s presence endangered his health and safety and placed him at risk of serious physical harm and (2) mother’s mental and emotional problems endangered C.B.’s physical health and safety and placed him at risk of serious physical harm. After the parents participated in and completed court-ordered programs, the juvenile court returned C.B. to mother.

We recite the factual background from Ortega I. The principal witness in the case was a drug seller who used the name Juan Perez. His actual name is Ivan Sanchez, and we use that name in this summary even though the briefing refers to him as Perez.
In August 2001, Sanchez’s drug supplies were running low and he needed to replenish. He contacted another drug seller, Santo Pleitez, who agreed to try to find a drug supplier. Pleitez came up with a third person, later identified as Samuel Nolasco, who agreed to take Sanchez and Pleitez to a supplier at a particular location. On August 27, 2001, Sanchez drove his Toyota Corolla, with Pleitez as a passenger, to a location where they picked up Nolasco, who directed them to another location where they would meet the drug supplier. Sanchez was carrying $4,500 in cash to pay for the drugs he planned to buy.

An information filed in 1987 charged Welch with first degree murder (§ 187) and attempted robbery (§§ 211, 664) with a special allegation he had used a firearm in committing the offenses. The police report attached to Welch’s 2016 petition for writ of habeas corpus stated the victim, Jacques Armstrong, had been shot through the open passenger window of his automobile by one of a group of men who had approached Armstrong after he and a friend left a local market, apparently as part of an attempted carjacking or robbery. Armstrong was identified by a witness at the scene as the shooter.
At a pretrial hearing on April 12, 1988 the parties indicated a disposition had been reached, and Welch pleaded no contest to second degree murder. As reflected in the reporter’s transcript of that hearing, the trial court explained the People’s theory of the case was that Welch shot the victim during the course of an attempted robbery, which would be first degree felony murder.

Mother and father have three children, K.R., N.R., and S.R.
On January 17, 2020, the San Mateo County Human Services Agency (the Agency) received a referral alleging father had sexually abused K.R. for years. About one year prior, K.R. disclosed the abuse to mother. Mother reported that she confronted father, he admitted to sexually abusing K.R., and he promised that he would stop. Mother continued to allow father access to all three children.
On January 22, 2020, father was arrested. During the arrest, father stabbed a police officer, resulting in father being shot. Father was incarcerated on a no bail bond and charged with unlawful sexual intercourse, lewd act upon a child, and attempted murder during his arrest. On January 27, 2020, a three-year criminal protective order issued prohibiting father from all personal, electronic, telephonic, or written contact with mother and the children.

In July 2020, Ware robbed a 75-year-old woman at gunpoint in front of the woman’s house. Ware took the woman’s purse, which contained a credit card that someone used shortly after the robbery to make a $500 purchase.
Two weeks later, Ware approached a woman walking to her car in a store parking lot and grabbed the woman’s purse, causing her to fall to the ground. Ware then ran off with the purse. A warrant was issued for Ware’s arrest that same day.
About a week later, police arrested Ware after they spotted him entering a vehicle. A search of the vehicle revealed a loaded handgun.
In November 2020, Ware was charged by consolidated information with two counts of second degree robbery (§ 211), one with special allegations that Ware personally used a firearm in the commission of the offense (§§ 12022.5, subd. (a), 12022.53, subd. (b)); identity theft (§ 530.5, subd. (a)); possession of a firearm by a felon (§ 29800, subd. (a)(1)); carrying a loaded firearm on one’s pers

Plaintiff’s original pleadings alleged causes of action for declaratory judgment, violation of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), and violation of the CLRA. Following two successful demurrers by defendant, plaintiff filed a third amended complaint (hereafter complaint) eliminating the causes of action for declaratory judgment and violation of the UCL, and asserting a single cause of action for violation of section 1770, subdivisions (a)(5) and (a)(14) of the CLRA.
The complaint alleges that in April 2016, after being treated at defendant’s emergency room, he was billed an EMS Fee in addition to the charges for individual items of service and treatment he received. His total charges of $4,593 (before discounts) included the undisclosed EMS Fee in the amount of $2,811.

In February 2016, Berkeley Police Sergeant Craig Lindenau executed an affidavit in support of a request for a warrant authorizing a search of Thomas, a Ford van he controlled, and, conditionally, apartment 29 at 795 Sycamore Avenue in Hayward (the apartment). The search would be for cocaine and materials associated with its use, sale, or transport. The proposed warrant identified the apartment as an “anticipatory location,” and Lindenau’s supporting affidavit stated, “When I [execute] this warrant on Thomas[’s] person and vehicle, I believe that I will find keys in his possession or vehicle that will unlock the door to [the apartment] (triggering event). If Thomas[’s] keys unlock [the apartment], I am requesting authorization to search the apartment . . . .”

In September 2016, DeLeon shot and killed Daniel Corona in the parking lot of a PetSmart store in San Mateo. The prosecution’s theory was that DeLeon formed a deliberate and premeditated intent to kill Corona because he was angry about being disrespected by Corona, who was a Sureño gang member. DeLeon admitted shooting Corona but testified that he shot Corona in self-defense.
On the evening in question, Louis Mercado was driving a silver Volvo. DeLeon was his passenger. They encountered Corona, and his friends (E. L., Jose A., Daisy F., and Diana N.), in a gold Lexus in the parking lot of a liquor store. DeLeon greeted Corona and his friends by walking up to the Lexus and saying, “ ‘thought I recognized one of y’all niggas.’ ” E. L. and Corona exited the Lexus to confront DeLeon. Angry words were exchanged but ultimately Corona and E. L. got back in the car and left.

On May 14, 2021, the child was taken into protective custody, shortly after his birth, as a result of his parents’ substance abuse and domestic violence problems, and prior history of neglect of the child’s siblings. The agency filed a petition alleging the child was at substantial risk of serious physical harm under section 300, subdivisions (b) and (j). Both parents were interviewed by an agency social worker regarding any potential Indian ancestry on the date the child was placed into protective custody, and both father and W.R (mother), the child’s mother, denied having any Indian ancestry.
At a detention hearing held on May 19, 2021, father was present and appointed counsel while mother did not appear. The report for the detention hearing indicated that the agency inquired about potential relative placement, and it was documented that there were no relatives to consider for placement.

Based on acts defendant committed on May 21, 2021, the Merced County District Attorney filed an information on July 27, 2021, charging defendant with attempted second degree robbery (Pen. Code, §§ 664, 211; count 1), carrying a loaded and unregistered handgun (§ 25850, subd. (a); count 2), possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3), possession of ammunition by a person prohibited from owning or possessing a firearm (§ 30305, subd. (a)(1)); count 4), and misdemeanor resisting a police officer (§ 148, subd. (a)(1); count 5). As to count 1, the information further alleged defendant personally used a firearm in the commission of the crime (§ 12022.53, subd. (b)).