CA Unpub Decisions

Plaintiff Waterfall Investment Group, LLC (Waterfall) appeals from (1) the trial court’s order sustaining without leave to amend the demurrer by defendant Pivotal Capital Group II, LLC (Pivotal) to Waterfall’s second amended complaint (H048328) and (2) the ensuing order granting Pivotal’s motion for attorney fees and nonstatutory costs as the prevailing party (H048928). Waterfall has not provided an adequate record for review and therefore has not demonstrated error. Accordingly, we affirm.
An appellant has the burden of providing an adequate record. (Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 502.) “ ‘[I]f the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed.’ ” (Gee v. American Realty & Construction, Inc. (2002) 99 Cal.App.4th 1412, 1416 (Gee); Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181, 187 (Foust).)

At the time of trial, Jane Doe was 31 years old and living in Virginia. As a child, she lived with her mother, G.M. (Mother), and her brothers in Salinas, California.
Maciel met Mother in 1991. At that time, Mother had two sons (D.V. and J.S.) and a daughter, Jane Doe, who was three years of age. D.V. was three years older than Jane Doe, and J.S. was two years younger. Maciel and Mother together had twin sons (D.C. and I.C.), who were about four years younger than Jane Doe. Mother worked full time in the fields packing lettuce, sometimes worked longer than an eight-hour day, and after work attended an English language class from 6:00 p.m. to 9:00 p.m. Although Mother and Maciel never married, her children considered him to be their father and had a close relationship with him.
Maciel started molesting Jane Doe when she was four or five years old. He would touch Jane Doe on her vagina, placing his hands under her clothing.

Freshpark makes portable skateboard and dirt bike equipment. It was established by Roger in February 2009. During the relevant period, Roger and his wife, Esther, were the company’s sole board members, held all the officer positions, and exercised complete control over the company.
Plaintiffs are investors in Freshpark. Maude invested $300,000 in May 2009 in exchange for a 20 percent ownership interest, and Piercey invested $250,000 in August 2011 in exchange for a 10 percent ownership interest. In their complaint, plaintiffs allege the Hickeys knowingly mismanaged Freshpark and engaged in numerous forms of self-dealing.

In 2007, Mendoza tackled 16-year-old Jane Roe from behind as she was walking home one night. Mendoza got on top of Roe and stuck his finger in her vagina. Roe stabbed Mendoza with a small knife she used for protection, and he ran away.
In 2013, Mendoza picked up 10-year-old Jane Doe from her home (at about 1:30 p.m.), ostensibly to take her to a birthday party. Mendoza was a family friend. As they were walking to his nearby home, Mendoza had Doe drink some juice that tasted like medicine, which made Doe feel dizzy.
At his home, Mendoza told Doe to sit on a couch. Mendoza rubbed lotion on Doe’s neck, arms, stomach (under her shirt), and pelvic area (underneath her underwear). Mendoza kissed Doe’s earlobes. Doe felt uncomfortable and tried to get up, but Mendoza pulled her down and told her to relax. They walked to a park and when they returned, Mendoza had Doe drink some more liquid that tasted like medicine. Doe fell asleep. When Doe woke up, she felt dizzy.

In 2007, Mendoza tackled 16-year-old Jane Roe from behind as she was walking home one night. Mendoza got on top of Roe and stuck his finger in her vagina. Roe stabbed Mendoza with a small knife she used for protection, and he ran away.
In 2013, Mendoza picked up 10-year-old Jane Doe from her home (at about 1:30 p.m.), ostensibly to take her to a birthday party. Mendoza was a family friend. As they were walking to his nearby home, Mendoza had Doe drink some juice that tasted like medicine, which made Doe feel dizzy.
At his home, Mendoza told Doe to sit on a couch. Mendoza rubbed lotion on Doe’s neck, arms, stomach (under her shirt), and pelvic area (underneath her underwear). Mendoza kissed Doe’s earlobes. Doe felt uncomfortable and tried to get up, but Mendoza pulled her down and told her to relax. They walked to a park and when they returned, Mendoza had Doe drink some more liquid that tasted like medicine. Doe fell asleep. When Doe woke up, she felt dizzy.

A. Villegas (not the man’s full name) was drinking with a friend one night at a bar. Villegas became uncomfortable because he thought that a man in the bar—later identified as Aguilar—was looking at him. Soon after, Villegas was approached by another man who told him someone outside was breaking into his pickup truck.
Villegas went outside to the parking lot where he saw a man—later identified as Daniel Perez—sitting in the driver’s seat of his truck. Villegas also noticed a rear window in the truck had been broken. Villegas got into the passenger side of the truck; Perez got out and went toward the back of the truck. Villegas then moved over to the driver’s side.
Before Villegas could start up his truck, Perez fired two gunshots, one striking the rear windshield and the other an adjacent cab panel. Villegas heard “thunder sounds” from the gun and felt “heat” behind his head. Villegas did not immediately realize the noise was from a gunshot.

A. Villegas (not the man’s full name) was drinking with a friend one night at a bar. Villegas became uncomfortable because he thought that a man in the bar—later identified as Aguilar—was looking at him. Soon after, Villegas was approached by another man who told him someone outside was breaking into his pickup truck.
Villegas went outside to the parking lot where he saw a man—later identified as Daniel Perez—sitting in the driver’s seat of his truck. Villegas also noticed a rear window in the truck had been broken. Villegas got into the passenger side of the truck; Perez got out and went toward the back of the truck. Villegas then moved over to the driver’s side.
Before Villegas could start up his truck, Perez fired two gunshots, one striking the rear windshield and the other an adjacent cab panel. Villegas heard “thunder sounds” from the gun and felt “heat” behind his head. Villegas did not immediately realize the noise was from a gunshot.

On August 21, 2020, the department received a referral after J.J. and mother tested positive for amphetamine at her birth.
On August 26, 2020, the department filed petitions on behalf of the children pursuant to section 300, subdivision (b), alleging the children were at substantial risk of suffering serious physical harm or illness due to the parents’ substance abuse and their willful or negligent failure to provide them with adequate food, clothing, shelter, or medical care. That same day the juvenile court issued a protective custody warrant and the children were placed in protective custody.
On August 27, 2020, a social worker spoke with mother and father and conducted an ICWA inquiry. Mother reported she had no known Indian ancestry. Father reported he could have Indian ancestry and would get more information in time for the detention hearing the next day.

On June 28, 2021, an information was filed in the Superior Court of Fresno County charging appellant with count 1, infliction of corporal injury to a spouse, cohabitant, or someone in a dating relationship resulting in a traumatic condition (Pen. Code, § 273.5, subd. (f)(1)); and count 2, misdemeanor contempt of court by willfully disobeying a protective or stay-away order issued as a condition of probation in a criminal proceeding involving domestic violence (§ 166, subd. (c)(1)).
On June 29, 2021, appellant entered into a negotiated disposition and pleaded no contest to counts 1 and 2, for a sentencing lid of two years and dismissal of a pending case.
On July 27, 2021, the court denied probation and sentenced appellant to the lower term of two years for count 1, with a concurrent jail term for misdemeanor count 2. The court also imposed, and appellant was served with, a no-contact protective order for the victim for 10 years.

Appellant’s felony convictions occurred after he attacked and beat his brother’s girlfriend. On the night in question, appellant had been ingesting methamphetamine with his brother and his brother’s girlfriend. The brother left around 1:00 a.m. to buy some food. It was then when appellant attacked the victim. Appellant struck the victim’s head four or five times with a stepstool. He took and kept her cell phone. He threatened her with a knife, saying he would “gut” her and cut her throat if she called the police or if the police came around. He punched her with the hand holding the knife. (People v. Coker, supra, F077092.)

In December 1988, the DRE issued Ioane a restricted real estate broker license. In May 1991, the DRE issued an unrestricted real estate broker license to him.
In April 2009, an indictment was filed in the United States District Court, Eastern District of California, charging Ioane and two other defendants with conspiring to defraud the United States (18 U.S.C. § 371) and presenting false or fictitious financial documents to the Internal Revenue Service (18 U.S.C. §§ 2, 514).
In October 2011, a federal jury found Ioane guilty on one felony count of conspiracy to defraud the United States and four felony counts of presenting false or fictitious financial documents. In January 2012, the district court sentenced Ioane to 108 months in prison, running concurrently with supervised release for 36 months.
In August 2015, while in prison, Ioane told his wife to complete and submit a broker renewal application to the DRE.

“Murder victim Darryl McCoy, Jr. (DJ) [fn. omitted] ‘hung out’ with defendant Richardson and knew [petitioner]. McCoy’s mother, Shawna G[.], used crack cocaine. From October to December of 2000 she sometimes purchased her drugs from Kendall M[.] (Pookie) at [a] [m]otel. [Shawna] also had a relationship with Calvin M[.] (Aces), a friend of [Kendall].
“On the evening of December 5, 2000, Aaron G[.] (McCoy’s uncle and Shawna’s brother) was staying with Shawna in her home. McCoy, [petitioner] and Richardson arrived at Shawna’s home at approximately 10 or 11 p.m. on the evening of December 5, 2000. On this night, Shawna heard McCoy talk with Richardson about robbing [Kendall] in his room at the [motel]. Richardson suggested that McCoy ask Shawna if [Kendall] and his friends had guns and/or money. Shawna told McCoy not to ask her anything.
“McCoy, [petitioner] and Richardson conversed that evening with Aaron.

Appellant and P.O. began dating in 2015. As of the trial they were still in a dating relationship. They lived together in appellant’s mother’s house for several years. Friction eventually developed between P.O. and appellant’s mother, and P.O. moved in with her nephew. On the evening of December 11, 2019, P.O. and the nephew were inside the nephew’s house when they heard shattering glass. The nephew went outside and saw a small white truck driving away. Appellant was known to drive a small white truck. P.O. went outside and saw the windshield of her car had been shattered. The nephew located a large rock on the ground next the car.
Believing appellant was the person who broke her windshield, P.O. got into her car and drove to appellant’s mother’s house, where appellant was still living. She parked a short distance from the house and called appellant on the phone. They argued over the windshield, which appellant denied breaking.

The District Attorney of Fresno County filed an information on March 15, 2019, charging defendant with assault with a deadly weapon (§ 245, subd. (a)(1)). After a four-day trial, the jury convicted defendant of the charge on January 28, 2020. On May 4, 2020, the trial court suspended imposition of sentence and placed defendant on formal probation for three years, including conditions that she serve 300 days in the county jail (with 213 days credit for time served) and that she submit to the search of handheld electronic devices. The court also imposed a $300 restitution fine (former § 1202.4, subd. (b)), a stayed $300 probation revocation restitution fine (§ 1202.45, subd. (a)), victim restitution as determined by probation (former § 1202.4, subd. (f)(2)), a $40 court operations assessment (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373). In addition, the court ordered the DMV to revoke defendant’s driver’s license for life.