CA Unpub Decisions

This case involves several lawsuits concerning the sale and development of the property at 5303 Hermitage Avenue in Valley Village. However, the issues on appeal are few. Plaintiff Jennifer Getz, a former tenant of an apartment on the property, sued the owner defendants, Sydney Edwards, Eric Edwards, and Marta Lathrop, after they contracted to sell the property to Urban Blox, LLC (who assigned its right to purchase the property to UB Valley Village, LLC). UB Valley Village intended to develop the property, and while in escrow, filed plans for approval of its project with the City of Los Angeles (City).
Plaintiff alleged she had a right of first refusal to purchase the property, and that she was owed compensation for her work as manager of the property. Plaintiff and the owner defendants ultimately settled plaintiff’s claims by confidential settlement agreement which was signed by the trial court, and over which the court retained jurisdiction to enforce.

A jury convicted Richard Eugene Harris of failure to register as a sex offender within five days of his birthday in July 2015. (Pen. Code, §§ 290.011 subd. (c), 290.018, subd. (b).) Defendant appealed, and his appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Harris did not file a supplemental brief. Our independent review of the record discloses no arguable issues. Accordingly, we affirm the judgment.

A jury convicted defendant Trayvonte Dashawn Garnett of three commercial burglaries and found true three related gang allegations. In this appeal, Garnett argues there was insufficient evidence to sustain the gang allegations.
We disagree and affirm the judgment

When Robert Freiter and Susan Freiter divorced, Robert agreed to pay Susan $7,500 per month in spousal support, and to make an equalizing payment of $875,000 to Susan, payable at the rate of $5,000 per month. Five years later, Robert sought termination of the spousal support payments, claiming lack of ability to pay. The trial court denied Robert’s request, and he appealed.
We affirm. The trial court failed to specifically list each of the factors it considered when ruling on the request to modify a spousal support award. However, a review of the oral and written explanations of the court’s order reflects that the court nevertheless did consider and apply the applicable statutory factors and the court’s order was supported by substantial evidence.

In two separate cases, after pleading guilty to various theft and drug-related offenses, defendant and appellant Casey Wells Moses was granted formal probation on various terms and conditions. However, defendant continued to violate the terms and condition of his probation, and his probation was eventually revoked in both cases. Following a hearing, the trial court terminated defendant’s probation in both cases and sentenced defendant to state prison as follows: In case No. FMB17000124, defendant was sentenced to a total term of six years in state prison, and in case No. 16CR-055903, defendant was sentenced to a total term of three years in state prison to run concurrent with any other case. Defendant appeals from the judgment in both cases. Based on our independent review of the record, we find no error and affirm the judgment in both cases.

A jury found defendant and appellant Desmond Hayward Walker guilty of attempted voluntary manslaughter. (Pen. Code, §§ 664, 192, subd. (a), count 1.) The jury also found that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), and that he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)). The court imposed the midterm of three years on count 1, and the midterms of three years and four years, respectively, on the great bodily injury and firearm enhancements, for a total term of 10 years in state prison. The court awarded 527 days of custody credits.
Defendant filed a timely appeal. We affirm.

Following a jury trial in case No. FVI1501646, defendant and appellant Christopher Patrick Vargas was convicted of first degree burglary (Pen. Code, § 459) and attempted first degree burglary (§§ 664/459). In a bifurcated proceeding, the trial court found true that defendant had suffered one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one prior serious felony conviction (§ 667, subd. (a)(1)), and three prior prison terms (§ 667.5, subd. (b)). As a result, defendant was sentenced to a total term of 10 years 4 months in state prison with 15 percent limited credit for time served. Defendant’s sole contention on appeal in this case, case No. E065528, is that the trial court erred in limiting his presentence conduct credits to 15 percent pursuant to section 2933.1. We agree and modify defendant’s presentence custody credits accordingly.

A jury convicted Tito Perez, Sr. of two counts of dissuading a witness (Pen. Code, § 136.1, subd. (b)(1); counts 1, 2); two counts of criminal threats (§ 422; counts 3, 4); two counts of attempted extortion (§§ 550, 664; counts 5, 6); and street terrorism (§ 186.22, subd. (a); count 7). In addition, the jury found true that Perez committed counts 1 through 6 for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). In a bifurcated bench trial, the court found that Perez suffered prior convictions for criminal threats and battery resulting in serious bodily injury, in violation of sections 422 and 243, subdivision (d), respectively, as strike priors within the meaning of section 667, subdivisions (b) through (i), and 1170.12, subdivisions (a) through (d). The court, however, vacated the conviction under count 7 (street terrorism) in light of People v. Rodriguez (2012) 55 Cal.4th 1125.

The court sentenced Allan David Riley to serve 25 years to life in state prison plus a consecutive determinate term of 19 years four months after a jury found him guilty of the following offenses: assault with a deadly weapon (a knife) on a peace officer (Pen. Code, § 245, subd. (c); count 1), carrying a concealed dirk or dagger (§ 21310; count 2), failure to appear while on his own recognizance (OR) (§ 1320, subd. (b); count 3), and giving false information to a peace officer (§ 148.9, subd. (a); count 4). Among the jury's findings, the jury found true allegations Riley committed the felony offenses alleged in counts 1 through 3 when he was released from custody on OR pending final judgment on earlier felony offenses (§ 12022.1, subd. (b)).

Richard Lambertus (Lambertus), as Trustee for the Lambertus Family Trust (Trust), appeals from a judgment finding the Trust liable to C.E. Wilson and Patricia Wilson (collectively, the Wilsons) for $22,310 in compensatory damages and $22,310 in punitive damages as the alter ego of defaulted party Liberty Metals Group, LLC (Liberty Metals).

A jury found Allan David Riley guilty of assault with a deadly weapon (a knife) on a peace officer (Pen. Code, § 245, subd. (c); count 1), carrying a concealed dirk or dagger (Pen. Code, § 21310; count 2), failure to appear while on his own recognizance (Pen. Code, § 1320, subd. (b); count 3), and giving false information to a peace officer (Pen. Code, § 148.9, subd. (a); count 4). With respect to count 1, the jury found true allegations Riley personally used a deadly weapon on a peace officer (Pen. Code, § 1192.7, subd. (c)(11), (23)). With respect to counts 1 through 3, the jury found true allegations Riley committed the felony offenses when he was released from custody on his own recognizance pending final judgment on earlier felony offenses (Pen. Code, § 12022.1, subd. (b).) Riley admitted he suffered two prior serious felony strikes. (Pen. Code, §§ 667, subd. (a)(1), 668, and 1192.7, subd. (c).) The court sentenced Riley to serve 25 years to life in state prison plus

S.R., mother of the minor, M.V., appeals the juvenile court’s orders denying her petition for modification and bypassing her reunification services. (Welf. & Inst. Code, §§ 388, 361.5, 395.) We affirm the juvenile court’s orders.

James Todd Souder filed a complaint against his brother Richard Gregory Souder (Greg) alleging conversion and financial abuse of their mother Dorothy. Following trial, the trial court set aside Dorothy’s will and revocable trust based on a finding of undue influence.
Greg appeals that order, but the record on appeal does not include a transcript of any proceeding in the probate court. Accordingly, this is a judgment roll appeal in which every presumption must be in favor of the judgment. On this record, we will affirm the trial court’s order.

Respondent Courtney E. Rybolt obtained a domestic violence restraining order against appellant James E. Riley IV with whom she shares a minor child. Rybolt later filed a request to renew the order. Following a contested trial in which both Rybolt and Riley testified, the court renewed the restraining order for five years. The court also modified a parenting plan to prohibit Riley from attending their son’s extracurricular activities during Rybolt’s parenting time, after finding that Riley used the time as a pretext to harass and manipulate Rybolt in violation of the restraining order.
On appeal, Riley contends that: (1) insufficient evidence shows Rybolt had a reasonable apprehension of future abuse, which was required before the court could renew the restraining order; (2) the court failed to properly consider that circumstances had changed since the initial restraining order was entered; (3) the court erroneously modified the parenting plan without considering the best in