CA Unpub Decisions

A jury found defendant, Ibrahim M. Shah, guilty of felony vehicle taking with a prior conviction (Pen. Code, § 666.5, subd. (a); Veh. Code, § 10851, subd. (a); count 1) and receiving a stolen vehicle worth more than $950 (§ 666.5, subd. (a), § 496d, subd. (a); count 2). Defendant admitted he was previously convicted of a violation of Vehicle Code section 10851. The court sentenced defendant to three years in jail.
Defendant appeals, contending the trial court abused its discretion in failing to impose a split sentence pursuant to section 1170, subdivision (h). Recognizing his trial counsel failed to object to the court’s sentencing approach and therefore he forfeited his right to complain on appeal, defendant also contends trial counsel rendered ineffective assistance.

Dean Patrick Weintraut was convicted of one count of making a criminal threat (Pen. Code, § 422, sub. (a) ), with the additional finding he used a dangerous or deadly weapon (a knife) at the time. He was also found guilty of simple misdemeanor assault based on the same incident. He was subsequently sentenced to three years of incarceration, two years (the mid term) for the criminal threat and one year for the weapon enhancement. The court suspended sentence for the misdemeanor.

Appellant R.G., (father), appeals from the juvenile court’s order terminating his parental rights to his child, B.G., pursuant to Welfare and Institutions Code section
366.26. (§ 395.) Father has also filed a separate petition for writ of habeas corpus, E069268, which this court has ordered to be considered with the appeal.

A jury convicted John Jose Solis of one count of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)); one count of battery with serious bodily injury (id., § 243, subd. (d)); and as to both counts, that Solis personally inflicted great bodily injury on the victim (id., §§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). In a bifurcated trial, the jury further found that Solis had suffered a conviction for personally assaulting another by means of force likely to produce great bodily injury in 1999, which is a serious felony and strike offense (id., §§ 245, subd. (a), 12022.7, subd. (a)) (prior strike); served a prison term and failed to remain free of prison custody for five years after he was released; suffered a conviction for possessing a controlled substance in 2014 (Health & Saf. Code, § 11378); and suffered a new felony conviction within five years after his release from prison (Pen. Code, §§ 667, subds. (a)(1), (b)-(i), 667.5, subd. (b), 6

Minor Charlie J. appeals from the juvenile court’s findings and dispositional order placing him on probation for receiving a stolen motor vehicle in a proceeding initiated by the People’s filing of a petition under Welfare and Institutions Code section 602. Charlie admitted to this allegation after the juvenile court denied his motion to suppress evidence obtained in the course of his detention and pat search by an Oakland Housing Authority police officer. The officer detained Charlie just moments after observing a hooded Charlie walking with a non-running Vespa motor scooter against traffic one morning, approximately one block from the West Oakland BART station and, upon approaching Charlie, noting several other suspicious circumstances. Charlie argues the juvenile court should have granted his motion to suppress for multiple reasons. We disagree and affirm.

The juvenile court found that appellant’s sons, T.K. and S.K., came within its dependency jurisdiction due to appellant’s sexual abuse of them and domestic violence in his relationship with his girlfriend. The court gave full legal and physical custody of the children to the mother, with whom appellant was engaged in a contested custody battle, denied appellant visitation and dismissed the petition. Appellant contends that the dependency petition should have been dismissed as inadequate at the outset of the proceedings; that the only evidence offered in support of the petition was a DVD recording of an interview with T.K., which was inadmissible and insufficiently reliable to constitute proof that the abuse occurred; that the evidence, if admissible, did not establish sexual abuse; that the trial court erred with respect to a number of evidentiary rulings; that appellant was entitled to enhancement service.

Schwartz Hyde & Sullivan, Kevin P. Sullivan; The Jon Corn Law Firm, Jonathan C. Corn and Arie L. Spangler for Real Parties in Interest and Respondents.
Plaintiffs Clews Land and Livestock, LLC; Barbara Clews; and Christian Clews (collectively, CLL) appeal a judgment in favor of defendant City of San Diego (City) on CLL's petition for writ of mandate and complaint for declaratory and injunctive relief, violation of procedural due process, and equitable estoppel. CLL's petition and complaint challenged the City's approval of a project to build a private secondary school on land neighboring CLL's commercial horse ranch and equestrian facility and the City's adoption of a mitigated negative declaration (MND) regarding the project. The for-profit school, the Cal Coast Academy, is being developed by real parties in interest Jan Dunning, Cal Coast Academy RE Holdings, LLC, and the North County Center for Educational Development, Inc. (collectively, Cal Coast).

In May 2015, a jury convicted defendant Kimberly Andrews of the first degree murder of Lindell Mitchell, Jr. (Pen. Code, § 187, subd. (a)), who was killed in December 1991 when defendant was about 16 years old. The jury also found true defendant was vicariously liable for the use of a firearm by another principal during the commission of the offense (§ 12022, subd. (a)(1)). The court sentenced defendant to 26 years to life in state prison.

Defendant Charles Stevenson appeals a judgment convicting him of first degree burglary and receiving stolen property and sentencing him to 16 years 8 months in prison. He contends the court erred in denying his motion to suppress evidence seized in a warrantless search of his backpack and in admitting into evidence recordings of telephone calls he made from jail. He contends further that there is no substantial evidence to support the jury’s verdict. We find no error and shall affirm the judgment.

Appellants EnergySource, LLC, and Hudson Ranch Power I, LLC, are not parties to this litigation, but the trial court entered an order requiring them to transfer and return certain property based on a receivership order previously issued in the case. Appellants contend (1) the court exceeded its jurisdiction because, as non-parties, they are not bound by the receivership order; (2) the order was based in part on the court’s erroneous conclusion that a commercial lease was not terminated upon the expiration of its term; and (3) the order was based on a receivership sale that did not comply with Code of Civil Procedure section 586.5. We will reverse the order.

In this action for breach of contract and violation of the Unfair Competition Law (Bus. & Prof. Code, §§ 17200, 17500) (UCL), the trial court sustained the demurrer of defendant Transdev Services, Inc. (Transdev). Plaintiff Ralph Oliverio contends this was error because he pleaded sufficient facts, for purposes of his breach of contract cause of action, to show he was a member of a class of intended third party beneficiaries and, for purposes of his UCL claim (Bus. & Prof. Code § 17200 et seq.), that Transdev’s conduct caused him to lose “money or property.” We affirm the court’s ruling on the contractual claim and reverse as to the UCL claim.

Appellant Patrice Williams appeals from a December 17, 2015, order granting respondent Doris Yates’ request for a civil harassment restraining order protecting her from Williams. (Code of Civ. Proc., § 527.6.) On appeal Williams challenges the substantive basis for the issuance of the restraining order. Finding no merit to her arguments, we affirm.

Appellant Sally Steinhart appeals from an order, dated August 5, 2014, which, pursuant to a settlement, resolved eleven causes of action in the verified second amended complaint alleged against respondent Jacqueline Cresswell. On appeal Steinhart seeks reinstatement of all the causes of action in the verified second amended complaint, with the exception of the assault and battery cause of action against Cresswell. Because Cresswell has not filed a brief, the appeal is submitted on the record, appellant’s opening brief, and oral argument by appellant. (Cal. Rules of Court, rule 8.220(a)(2).) Having examined the record and considered Steinhart’s various contentions, we affirm.

In May 2015, a jury convicted defendant Kimberly Andrews of the first degree murder of Lindell Mitchell, Jr. (Pen. Code, § 187, subd. (a)), who was killed in December 1991 when defendant was about 16 years old. The jury also found true defendant was vicariously liable for the use of a firearm by another principal during the commission of the offense (§ 12022, subd. (a)(1)). The court sentenced defendant to 26 years to life in state prison.