CA Unpub Decisions

Plaintiff Kim P. Huynh appeals a judgment of dismissal entered against her after the trial court sustained without leave to amend the demurrer of defendant First National Bank of Southern California (the Bank). Huynh contends the court erred because she pleaded sufficient facts in her first amended complaint or proposed second amended complaint to state a cause of action. We conclude the court did not err and affirm the judgment.

In the primary appeal in this case, we consider two issues. First, does this court have appellate jurisdiction to consider an appeal from an order denying appellants John Terrin and Amanda Sztoltz's motion for leave to amend their complaint to name real party in interest North County Transit District (NCTD) as a defendant in the case? We conclude that the order is appealable as a final judgment as to NCTD because NCTD appeared in the trial court and opposed the motion, and the trial court's ruling denying the motion effectively terminated all litigation between appellants and NCTD. Second, did the trial court err in determining that the doctrine of collateral estoppel precludes appellants from amending their complaint to name NCTD as a defendant? We conclude that the trial court properly applied the doctrine of collateral estoppel and denied the motion for leave to amend. Accordingly, we affirm the trial court's order/judgment denying appellants' motion for leave t

Appointed counsel for defendant Scott Raymond Jackson asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

After their boat sank, plaintiffs Tracy and Cathy Wilburn brought suit against defendant James Dennis Corey, who had repaired their boat before it sank. The trial court found both parties shared responsibility for negligent conduct and awarded $5,000 in damages to the Wilburns. Corey appeals, arguing the Wilburns never authorized him to replace the defective water pump which caused the boat to sink. We affirm the judgment.

Plaintiff Gracelynn Jun sued defendant Wal-Mart Stores, Inc. (Wal-Mart) after she was struck by a motorized shopping cart and injured by its sharp edges. Respondent court granted her discovery motion in part and ordered Wal-Mart to produce records of all litigation involving motorized shopping cart collisions at all Wal-Mart stores nationwide. We grant in part Wal-Mart’s petition for extraordinary relief and limit discovery to prior lincidents involving pedestrians struck by the sharp edges of a motorized shopping cart or claims that Wal-Mart’s shopping carts lacked bumper guards or other safety mechanisms, including edge coverings, warning buzzers, or electronic stop devices.

On April 11, 2017, Nicholas Brandon Smith (Smith) was charged with possession of firearm by a felon, in violation of Penal Code section 29800, subdivision (a)(1) (count one) and unlawful possession of ammunition, in violation of section 30305, subdivision (a)(1) (count two).
The People further alleged that as to counts one and two, an executed sentence had to be served in state prison pursuant to section 1170, subdivision (h)(3), because Smith had suffered a prior conviction for a serious felony under section 1192.7 or a violent felony under section 667.5, subdivision (c), when convicted of violating section 211 on November 1, 2011.

C.M. (mother) appeals the order of the juvenile court terminating her parental rights to her son Cesar V. (Cesar). We affirm.

A jury convicted Elias Salazar of numerous crimes related to sexual misconduct with his nieces-by-marriage, Johana O. and Jazmine F., which occurred while the victims were minors. On appeal, Salazar contends the trial court erred in excluding evidence that Jazmine stole $5,000 from her mother. We disagree and affirm the judgment.

Alan L. (father) appeals from an order terminating parental rights to his son, E.L. (child), pursuant to Welfare and Institutions Code section 366.26. Appellant contends that the evidence is insufficient to support the juvenile court’s finding that child is likely to be adopted. We affirm.

A jury convicted Charles Eugene Vaca of two counts of first-degree burglary in violation of Penal Code section 459. The court found that Vaca had suffered two prior strikes (§§ 667, subds. (b)-(i), 1170.12), two prior serious felony convictions (§ 667, subd. (a)(1)), and two one-year prison priors (§ 667.5, subd. (b)), and imposed a sentence of 74-years-to-life in prison. Vaca’s appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) raising no issues on appeal and requesting that we independently review the record. We affirm.

Plaintiff and appellant Jennifer Lee challenges the trial court’s grant of the City of Los Angeles Police Department (LAPD), Sergeant Ietia Eston, and Officer Neal Oku’s special motion to strike Lee’s complaint (anti-SLAPP motion) under Code of Civil Procedure section 425.16. Lee was a detective for the LAPD. Her family filed a complaint regarding other officers’ actions during an eviction. When questioned about the incident, Lee’s responses led the investigator to doubt her veracity, resulting in an internal investigation. Lee was terminated by the LAPD for being untruthful, but later exonerated of all wrongdoing and reinstated by the Board of Rights.

Margie Valeriano Dikit appeals from a judgment and imposition of sentence following a no contest plea. As a result of our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude no arguable issues exist. Because Dikit apparently wishes to challenge the validity of her plea but does not state that she received or requested a certificate of probable cause, we dismiss.

Plaintiff Samuel A. Perroni, an attorney representing himself, prevailed on a petition filed pursuant to the California Public Records Act (CPRA) (Gov. Code , § 6250 et seq.), in which he sought certain documents relating to the investigation of the drowning of actress Natalie Wood from the Los Angeles County Department of Medical Examiner-Coroner (the coroner’s department), and the Los Angeles County Sheriff’s Department (the sheriff’s department). The CPRA, in section 6259, subdivision (d), provides for attorney fees to a prevailing plaintiff. Though it found that plaintiff prevailed, the trial court nevertheless denied plaintiff’s motion for attorney fees because plaintiff was self-represented. In this appeal from the order denying the fee motion, we reject plaintiff’s argument that a self-represented attorney is entitled to recover attorney fees under section 6259, subdivision (d).

Stephanie G. (mother) appeals from an order dismissing a juvenile dependency petition after a contested jurisdictional hearing. Mother contends the evidence does not support the dismissal. However, we conclude mother lacks standing to challenge the juvenile court’s decision and dismiss the appeal.