CA Unpub Decisions
California Unpublished Decisions
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The City owns and operates treatment works used to transport and treat wastewater and sewage. Between 1974 and 1977, the City expanded the treatment works by constructing a West Fresno-Herndon Interceptor and enlarging its regional wastewater treatment facilities (RWTF).
In the 1970’s, the California Regional Water Quality Control Board mandated the District, which had been treating and disposing of sewage in its service area through its own facilities, to solve treatment problems the District was experiencing. In 1976, the District and the City entered into a written contract for the City to transport and treat District sewage after the District determined disposal of its sewage through the City’s interceptor and RWTF was a more fiscally sound solution than upgrading its existing treatment facilities. |
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Appellant Jesus Vincent Gaytan, Jr., was arrested following his ex-girlfriend’s report to the police that he went to her house and attacked her. Approximately two days after his arrest, appellant made several calls to his ex-girlfriend from jail, telling her to “drop the charges please” because he was scared for his safety in jail. A jury convicted appellant of unlawfully attempting to prevent and dissuade a victim or witness of a crime from causing a complaint, indictment, information, probation and parole violation to be sought and prosecuted and assisting in the prosecution thereof (Pen. Code, § 136.1, subd. (b)(2); count 3) and a misdemeanor count of disobeying a court order (§ 166, subd. (a)(4); count 4). In a bifurcated court trial, the court found true that appellant had suffered two prior strikes (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), two prior prison terms (§ 667.5, subd. (b)), and two prior serious felonies (§ 667, subd. (a)(1)).
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Appellant is eligible for services under the Lanterman Developmental Disabilities Services Act (Lanterman Act; Welf. & Inst. Code, § 4500 et seq.) due to his cerebral palsy and autism spectrum disorder. In 2018, he was six years old. Appellant’s March 2018 individual program plan provided that he would receive after school programming, Monday through Friday, from Valley Achievement Center (VAC). Appellant’s parents paid for daycare service for appellant when school was not in session and they must work, and Regional Center funded a one-to-one aid at daycare.
In the summer of 2018, appellant’s mother became concerned that, as he got bigger, VAC was having difficulty meeting his needs. She requested Regional Center to approve extended socialization hours with Special Explorers Center through a purchase of services or, alternatively, deny her request by issuing a notice of proposed action so she could request a fair hearing under the Lanterman Act. |
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A.R. was born in May 2020. She came to the attention of the Department of Public Social Services (department) when she and mother tested positive for amphetamines upon her birth, and father (D.R.) was incarcerated for a domestic violence incident against mother. Mother admitted to using methamphetamines for “‘several years,’” since she was 18 years old, and during her pregnancy. Three days later, the department received a second referral from hospital staff, who expressed concern for the baby’s wellbeing. Mother appeared overwhelmed, screaming for the nurses to get the child a bottle and “shut [her] up.”
Following discharge from the hospital, A.R. went with a maternal cousin while mother enrolled in an inpatient treatment program. voluntary family maintenance case with the department, and she successfully completed the required services (substance abuse treatment, counseling, parenting classes, and domestic violence prevention) while in inpatient treatment. |
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By information filed March 25, 2021, the People charged defendant with negligent discharge of a firearm (Pen. Code, § 246.3, subd. (a), count 1). On April 16, 2021, the court granted defendant’s request to represent himself in four cases pending against him: two felony cases and two misdemeanor cases. On May 13, 2021, the People amended the information to add charges of indecent exposure (Pen. Code, § 314, subd. (1), count 2) and reckless driving while fleeing a police officer (Veh. Code, § 2800.2, subd. (a)). Prior to taking defendant’s plea, the court noted that the plea form contained slashes where a defendant’s initials would normally appear. The court stated, “Normally I require initials in the boxes on the right-hand side.” Defendant responded, “Yeah, that’s my mark or sign.” The court replied, “That’s your mark? There’s an ‘X.’ When it’s an ‘X,’ it’s not applicable but that [slash] is, essentially you signifying you understand those paragraph
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When Carmen R. was murdered on January 18, 2017, her husband, “Huero,” was an inmate at Pelican Bay State prison. Huero was a member of the Westside Verdugo, a San Bernardino Hispanic criminal street gang, and he was also a member of the Mexican Mafia, a powerful prison gang that controls all Southern California-based Hispanic gangs known as “Sureños” gangs. The Mexican Mafia is comprised of high-ranking Sureños gang members, and most Mexican Mafia members are incarcerated. The Mexican Mafia controls the operations of Sureños gangs, both in custodial settings and on the streets, in exchange for protecting Sureños gang members from Hispanic gangs in custodial settings. Although a Sureños gang member may work for a particular Mexican Mafia member, all Sureños gang members owe their allegiance to the Mexican Mafia “organization” rather than to any particular Mexican Mafia member, including one from the Sureños gang member’s local gang.
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Phillips and the victim, Charles, were close friends for over 20 years who viewed each other as family. On January 16, 2019, Charles was staying at Phillips’s cousin Breanna’s apartment when Phillips brutally attacked him with a hammer while he was sleeping. Charles was able to escape after several blows and get to the hospital, but his face was badly injured and his left eye had to be removed.
At trial, Charles and Breanna were uncooperative witnesses and claimed not to remember anything about the incident. As a result, the prosecution presented evidence that they both identified Phillips as the attacker in their police interviews at the hospital shortly after the incident. Charles said he’d gone to sleep on Breanna’s couch, and the next thing he knew, Phillips was hitting him in the face with a hammer and screaming “get the fuck out.” Breanna said when she had arrived home that evening Phillips was in the kitchen cleaning the CPAP machine Charles used for his sleep apnea. |
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Appellants were Caltrans employees at the time of the alleged incidents of harassment and discrimination. On April 9, 2019, appellants filed a complaint for damages alleging the following facts. (See Department of Corporations v. Superior Court (2007) 153 Cal.App.4th 916, 922, fn. 2 [when reviewing ruling on a demurrer we assume the truth of the complaint’s allegations].)
A. Silva’s Allegations Silva was hired as a maintenance worker in 2011. In August 2017, while he was on temporary assignment in the Right-of-Way Division, he applied for a permanent associate agent position within the division. He interviewed for the position with the division’s deputy director for District 8, Rebecca Guirado, then on October 17, 2017, Guirado told Silva that despite her having vouched for him, the company decided to hire someone else. Later that day, Silva filed an Equal Employment Opportunity (EEO) complaint alleging he had been passed over for the position based on discriminatory reasons. |
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On March 11, 2016, Morse’s wife, Consuelo, learned that Morse had molested her niece, Jane Doe 1. Consuelo asked her daughters from a prior relationship, Jane Doe 2 and Jane Doe 3, whether “that had also happened to them or not.” They responded that Morse had “touched” them. Consuelo then called the police. While waiting for the police to arrive, she confronted Morse with the allegations, and he said “he did do it” and “was remorseful.” Officer Cameron Cromwell, two other police officers, and two police department explorers responded to Consuelo’s call. Cromwell and the two other officers wore uniforms and were armed with handguns; the two explorers wore different uniforms and were not armed. When the officers and explorers arrived, Morse, Consuelo, her two daughters, Morse’s mother, and her partner were in the home. Cromwell saw Morse at the top of the stairs, where he was talking to a lawyer on the telephone, and asked him to come downstairs to pat him down for
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Jane and Burgess had been in an on-and-off romantic relationship since 2010. They married in April 2018 and were still married at the time of trial in February 2020. Between March and July 2019, they were separated but trying to get back together. Jane lived in a two-story townhome with her five children: S. (age 12), R. (age nine), A. (age eight), B. (age six), and J. (age three). Burgess had moved out and had not lived in the townhome since March 2019.
At around 8:00 a.m. on July 4, 2019, Jane and six-year-old B. were asleep in Jane’s upstairs bedroom. Jane was awakened by Burgess yelling at B. to get up and clean her room. Burgess had come into the house uninvited and unannounced, and Jane did not know how he got in. When Jane sat up in bed, she could see Burgess “down the hall . . . yelling at [B.] to clean her room.” Burgess “physically” but not “forcefully” took B. to her room, while the child was “groggy” and “disoriented” from still being “half-asleep. |
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In November 2017, the Agency filed a section 300 petition with respect to minor S.M. (then five years old) and his minor half-sibling (then two years old). The petition alleged that S.M. came within section 300, subdivisions (b)(1) [failure to protect] and (g) [no provision for support]. The petition alleged, among other things, that father’s whereabouts were unknown.
The November 2017 initial non-detaining report stated that on November 30, 2017, the social worker contacted Yolo County Child Support Services and learned that Father signed a declaration of paternity at Alta Bates Medical Center in Alameda County at the time of S.M.’s birth. The report also stated that the social worker submitted a due diligence search and attempted to contact father by phone and by mail. |
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In November 2017, the Agency filed a section 300 petition with respect to minor S.M. (then five years old) and his minor half-sibling (then two years old). The petition alleged that S.M. came within section 300, subdivisions (b)(1) [failure to protect] and (g) [no provision for support]. The petition alleged, among other things, that father’s whereabouts were unknown.
The November 2017 initial non-detaining report stated that on November 30, 2017, the social worker contacted Yolo County Child Support Services and learned that Father signed a declaration of paternity at Alta Bates Medical Center in Alameda County at the time of S.M.’s birth. The report also stated that the social worker submitted a due diligence search and attempted to contact father by phone and by mail. |
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In November 2017, the Agency filed a section 300 petition with respect to minor S.M. (then five years old) and his minor half-sibling (then two years old). The petition alleged that S.M. came within section 300, subdivisions (b)(1) [failure to protect] and (g) [no provision for support]. The petition alleged, among other things, that father’s whereabouts were unknown.
The November 2017 initial non-detaining report stated that on November 30, 2017, the social worker contacted Yolo County Child Support Services and learned that Father signed a declaration of paternity at Alta Bates Medical Center in Alameda County at the time of S.M.’s birth. The report also stated that the social worker submitted a due diligence search and attempted to contact father by phone and by mail. |
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In November 2017, the Agency filed a section 300 petition with respect to minor S.M. (then five years old) and his minor half-sibling (then two years old). The petition alleged that S.M. came within section 300, subdivisions (b)(1) [failure to protect] and (g) [no provision for support]. The petition alleged, among other things, that father’s whereabouts were unknown.
The November 2017 initial non-detaining report stated that on November 30, 2017, the social worker contacted Yolo County Child Support Services and learned that Father signed a declaration of paternity at Alta Bates Medical Center in Alameda County at the time of S.M.’s birth. The report also stated that the social worker submitted a due diligence search and attempted to contact father by phone and by mail. |
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