CA Unpub Decisions

Jack Goulden, a beneficiary of the Goulden Trust, made multiple attempts to set aside approvals of five accounts filed by the trustee, Terry Hinricher. He renews his challenge to these approvals on appeal. Because the appeal is not taken from an appealable order, we dismiss it.

Defendant and appellant Louis Jerome Hollingsworth was convicted, following a bench trial, of 21 felonies arising from a fraudulent scheme to transfer and sell real property to which he did not have title, including 12 counts of money laundering related to the proceeds of the fraudulent sale. Defendant was sentenced to state prison for 12 years. Defendant’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have reviewed the record and finding no arguable appellate issues, affirm.

Plaintiff and respondent Darien Ephram, DDS, Inc. (Ephram) filed a complaint against defendants and appellants Mahrokh Yashar, Yashar DDS, Kamran Azizi, DMD, and Orion DMD, LLC (collectively, Defendants) asserting numerous claims related to the purchase of a dental practice. Defendants challenge on appeal the trial court’s denial of their motion to compel arbitration of Ephram’s claims. We affirm the trial court order.

Real party in interest, The Archer School for Girls (Archer), received approval from the City of Los Angeles (the city) to make campus improvements that included the construction of three new buildings and an underground parking structure. Sunset Coalition, Brentwood Residents Coalition, Brentwood Hills Homeowners Association, and David and Zofia Wright (plaintiffs) challenge the city’s certification of the environmental impact report (EIR) and approval of the project. The trial court denied their petition for writ of mandate and entered judgment for the city and Archer.
On appeal, plaintiffs argue the city violated its municipal code and charter by approving deviations from the floor area and height limits through a conditional use permit rather than a variance.

A jury convicted Jarred E. Chaney of one count of fleeing a pursuing peace officer and driving against traffic (Veh. Code, § 2800.4) and two counts of first degree residential burglary (Pen. Code, § 459). The trial court found true allegations regarding appellant’s prior convictions and sentenced him to a term of 64 years to life. Appellant contends he was denied his Sixth Amendment right to counsel and the right to represent himself when the trial court denied his motions under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) and Faretta v. California (1975) 422 U.S. 806 (Faretta). We affirm.

Appellant Deborah Sanders was employed as a relief nurse at Los Angeles County, University of Southern California Medical Center (“LAC+USC”). Following her discharge, Sanders filed this action against her former employer, respondent County of Los Angeles (“County”), and her former supervisors, respondents Sheila Mallett and Sunday Okundolor (collectively “Respondents”). Sanders alleged she was subjected to unlawful discrimination and harassment based on her race and national origin, and was discharged in retaliation for engaging in legally protected activity. Following a trial, the jury found in favor of Respondents on all claims, and the trial court denied Sanders’s motion for a new trial. On appeal, Sanders asserts the judgment should be reversed and a new trial should be granted based on alleged newly discovered evidence, instructional error, and insufficient evidence to support the jury’s verdict. We affirm.

The Los Angeles County Metropolitan Transportation Authority (MTA), through a predecessor agency, entered into a cost-reimbursement contract in 1984 with three entities, which then formed the Parsons-Dillingham Metro Rail Construction Manager Joint Venture (Parsons), to manage construction of the Metro Red Line. The original or base contract was amended a number of times over the years, including in 1991 (amendment 13/14) and 1993 (amendment 17). By 2000 the Red Line was operational. Work on the project was fully completed and final invoices were issued in 2004. MTA paid Parsons approximately $365 million for its work and that of its subcontractors on the Red Line project.

Plaintiff 1115 Solar Development, LLC (1115 Solar) appeals from a trial court order granting defendant Clean Energy Collective, LLC’s (CEC) motion to quash for lack of personal jurisdiction. 1115 Solar contends CEC waived its objections to personal jurisdiction by (1) failing to bring its motion to quash at the same time it moved to dismiss based on inconvenient forum, (2) making a general appearance prior to filing its motion to quash, and (3) failing to file its motion to quash within the requisite time period. 1115 Solar further asserts the trial court erred in finding California lacked personal jurisdiction over CEC. We disagree and affirm the trial court’s order.

In this appeal we examine whether the original trial court erred in handling the bias of a prospective juror, excusing the person who expressed hostility toward domestic violence suspects but not dismissing the entire venire. Based on the record in this case, we find no error in the conduct of the trial court and affirm the judgment.

Mary Jane Garrod was convicted of poisoning her estranged husband and sentenced to probation. She challenges one of her probation conditions—requiring her to stay away from places where alcohol is the chief item of sale—as unconstitutionally vague and overbroad. We affirm.

This is an appeal from judgment after the trial court found true the enhancement allegation that defendant Kenneth Raymond Warren, in 1972, committed the serious and/or violent felony of assault on a peace officer with a deadly weapon. Based upon our review of the record, we reject defendant’s sole claim that there was insufficient evidence to support the trial court’s finding and, thus, affirm the judgment.

Appointed counsel for defendant Sammy Lee Moses asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to defendant, advising him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. He responded with a supplemental brief, contending he received ineffective assistance of counsel and an unauthorized sentence. Finding no merit in his contentions and no other arguable issues on appeal, we affirm.

Appellant Joseph Mendez, Jr., was found guilty by jury as charged in count 1 of first degree murder (Pen. Code, §§ 187, subd. (a), 189) ; in count 2 of willful, deliberate and premeditated attempted murder (§§ 187, subd. (a)/664); in count 3 of assault with a firearm (§ 245, subd. (a)(2)); in count 4 of possession of a loaded firearm in public by an active gang member (§ 25850, subd. (c)(3)); and in count 5 of active participation in a criminal street gang (§ 186.22, subd. (a)). The trial court sentenced Mendez to life without parole on count 1, plus 25 years to life on the enhancement. It further imposed a consecutive term of life with the possibility of parole on count 2, plus 25 years to life on the enhancement. Sentence was stayed on the remaining counts pursuant to section 654.

Petitioner G.W. (Father) has filed a petition for extraordinary writ pursuant to California Rules of Court, rule 8.452, claiming that the juvenile court erred at the Welfare and Institutions Code section 366.22 hearing in finding that returning A.W. (Minor) to Father’s care would be detrimental and that San Bernardino County Children and Family Services (CFS) provided reasonable services. For the reasons set forth below, we deny Father’s writ petition.