California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Phillips v. City of Santa Ana CA4/3
* * * After suffering injury from tripping over a plywood board covering a sidewalk excavation, Carmen Phillips sued the City of Santa Ana (the City), C.S. Legacy Construction (Legacy), and KDC Inc. dba Dynaelectric L.A. (KDC) (collectively, respondents). Phillips appeals the tri…
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Perez v. City of Los Angeles CA2/4
INTRODUCTION It was a September evening in 2019, and appellant Ernesto Perez was playing softball. In the bottom of the first inning, Perez was in left field; with two outs and Perez’s team leading 2-1, the batter hit a fly ball into foul territory down the third base line. Perez…
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P. v. Hernandez CA5
-ooOoo- INTRODUCTION Appellant Daniel Hernandez was convicted as an aider and abettor of three counts of discharging a firearm from a motor vehicle at another person, with gun and gang enhancements. Appellant was sentenced to an aggregate term of 18 years 4 months plus 25 years t…
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P. v. Serrano CA2/4
Defendant Gilbert I. Serrano, Sr., appeals from the summary denial of his resentencing petition filed pursuant to Penal Code section 1170.126.1 His appellate counsel filed a brief raising no issues under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant filed a s…
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P. v. Hoskins CA4/1
I. INTRODUCTION The People charged Cassandra Othelia Hoskins with assault, sexual penetration, and criminal threats. These allegations resulted from a 2017 incident during which Hoskins attempted to coerce fellow inmate P.G. to retrieve drugs from a hospital bathroom and bring th…
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P. v. Harvey CA2/4
Defendant Dareion Lee Harvey appeals after the trial court summarily denied his Penal Code section 1172.61 resentencing petition. As the trial court noted, defendant had filed a prior resentencing petition, and this court affirmed the trial court’s denial of that prior petition. …
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P. v. Jimenez CA3
Defendant Anthony Jesus Jimenez appeals after he was found guilty and sentenced in three cases. On appeal, he challenges his conviction in one of those cases, arguing the court made multiple evidentiary errors and the prosecutor committed prejudicial error by misstating the burde…
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P. v. Ayala CA4/1
Angel De Jesus Ayala was charged in three different cases with various theft-related offenses as well as felony vandalism (Pen. Code § 594, subds. (a), (b)(1)) and taking and driving a vehicle (Veh. Code, § 10851, subd. (a)). Ayala pleaded guilty to all of the charges in each of …
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P. v. Williams CA4/2
In May 1991, a jury convicted defendant and appellant, Plummer Williams, Jr., of first degree murder pursuant to Penal Code section 1871 (Count 1) and first degree robbery pursuant to section 211 (Count 2) for crimes committed in May 1989. The jury
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P. v. Lee CA4/3
* * * INTRODUCTION Defendant James Ryan Lee was charged with driving under the influence of alcohol causing great bodily injury under Vehicle Code section 23153(a) and alleged a related enhancement under Penal Code section 12022.7(a). Before trial, Lee moved to suppress evidence …
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P. v. Hernandez CA2/4
) In doing so, we disagree with the parties. Section 1170(d)(1)(A) allows “a defendant who was under 18 years of age at the time of the commission of the offense for which the defendant was sentenced” to LWOP and who “has been incarcerated for at least 15 years” to petition the s…
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P. v. Carrillo CA6
Defendant Timothy Ralph Carrillo appeals from the trial court’s order resentencing him pursuant to Penal Code section 1172.75.1 For the reasons stated below, we affirm the order. I. FACTUAL BACKGROUND2 Between 2006 and 2008, Carrillo made door to door calls in the Seaside and Mon…
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P. v. Alfaro CA2/4
Defendant Ivan J. Alfaro was charged by information with unauthorized use of personal identifying information. (Pen. Code,1 § 530.5, subd. (a).) The information also alleged aggravating factors under California Rules of Court, rule 4.421(b)(2), (b)(3), and special allegations pur…
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Munro v. Amedson CA2/4
INTRODUCTION Appellant Sina Amedson appeals a domestic violence restraining order (DVRO) entered against him and in favor of petitioner Tamara Munro.1 On appeal, Amedson contends the trial court erred by: (1) applying the standards governing civil harassment restraining orders un…
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Moss v. GoDaddy.com CA2/4
Plaintiffs Michael Moss, Jaeis Chon, William Vaz, and Fuad Ahwal appeal from a judgment of dismissal following an order sustaining the demurrer of defendants GoDaddy.com, LLC (GoDaddy), GoDaddy Payments, LLC, and Poynt, LLC (collectively, defendants) to the operative first amende…
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Jacobson v. Tardibuono CA1/3
The sole issue on appeal is whether the judgment in favor of plaintiff Arthur Jacobson must be reversed because the statutory procedures for substituting him into this action for his deceased brother, Mark Jacobson, were not followed.1 Though plaintiffs did not file a formal moti…
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In re L.H. CA1/1
M.H. (the biological father of L.H.) appeals from the termination of his parental rights under Welfare and Institutions Code1 section 366.26—a course of action that respondent San Francisco Human Services Agency (the Agency) had recommended to the juvenile court. According to M.H…
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In re A.H. CA3
Appellant S.S. is the mother of the two minors and appeals from the juvenile court’s orders terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 395.1) Mother claims the Shasta County Health and Human Services Agency (Agency) failed to comply with the inquiry and notice r…
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In re E.D. CA1/4
D.D. is the mother of three children who were removed from her custody. She challenges an order denying a petition she filed under Welfare and Institutions Code section 388.1 The petition requested that the juvenile court modify its dispositional orders regarding visitation and r…
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In re P.S. CA4/3
* * * R.S. (Father) appeals from an order terminating his parental rights over his children, P.S., C.S., and R.S. (Minors), at a hearing pursuant to Welfare and Institutions Code section 366.26 (.26 hearing).1 He contends the Orange County juvenile court (the court) should have a…