P. v. Penaranda
This case involves a criminal conspiracy to defraud two home mortgage lender Bank of America and Washington Mutual Bank through a complicated real estate scheme of "flipping" 11 real properties in which the conspirators, acting together in different capacities, purchased distressed properties in the south central area of the City of Los Angeles, California, usually using false names, appraised the properties at values exceeding fair market value, prepared fraudulent loan documents, sold the properties at inflated prices to fictitious low income homebuyers, defaulted on the loan payment obligations, and stole the loan proceeds.
For reasons Court explain, we conclude the court erred in allowing Schwarzentraub to opine in effect that Penaranda was guilty, but such error was harmless. Court also conclude the court did not abuse its discretion in allowing Schwarzentraub to testify about Penaranda's prior reprimand, as her testimony was admissible under Evidence Code[4]sections 801, subdivision (b) (hereafter referred to as section 801(b)), 802, 1101, subdivision (b) (hereafter referred to as section 1101(b)), and 352; and substantial evidence supports Penaranda's convictions in this matter. Accordingly, Court affirm the judgment.
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