California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Boisot v. Logan CA4/1
Saskia Boisot and Sharon Logan filed requests for restraining orders against each other based on online harassment. The trial court granted Boisot’s request but denied Logan’s. Logan appealed, arguing the trial court was biased and failed to disqualify itself. Logan also challeng…
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Bates v. City of Temecula CA4/1
The City of Temecula (the City) appeals an order granting a new trial after a jury found the City not liable for a dangerous condition on a public roadway that allegedly caused John Gordon Bates, III, to crash while riding his bicycle. The trial court granted a new trial because …
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P. v. Rowe CA1/1
Thus, we order the term on the conspiracy conviction stayed but otherwise affirm the judgment. I. We abbreviate our factual discussion, because our conclusion that neither of the instructional errors Rowe raises was prejudicial turns not on the evidence as a whole, but primarily …
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P. v. Jenkins CA5
-ooOoo- Defendant James Dean Jenkins was resentenced under Penal Code3 section 1172.75, and the People appeal from the imposition of the new sentence. At 3 Undesignated statutory references are to the Penal Code. resentencing, the trial court stayed under section 654 an indetermi…
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P. v. Fee CA5
-ooOoo- Defendant Timothy Charles Fee appeals from resentencing under Penal Code1 section 1172.75. On appeal, defendant contends the trial court abused its discretion by denying his request to dismiss his five-year serious felony enhancement under section 1385. We affirm. FACTUAL…
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P. v. Rivers CA2/8
Defendant and appellant Martin Rivers appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.6.1 We affirm. The People charged defendant with the murder of Patrick Clark (§ 187, subd. (a); count 1), and with being a felon in posse…
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P. v. Hammond CA2/3
A jury convicted Richard Hammond of first degree murder and two counts of attempted premeditated murder. Thereafter, Hammond petitioned for resentencing under Penal Code section 1172.6,1 which limited accomplice liability for some murder- related crimes. The trial court denied th…
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P. v. Contreras CA4/1
One night during Labor Day weekend in 2000, Sergio Contreras gave Michael Plummer $30 worth of meth. When Plummer refused to pay, Contreras fired more than a dozen rounds into Plummer’s apartment, killing Plummer, his 18-year-old friend, and his one-year-old nephew. After the sho…
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P. v. Jones CA5
-ooOoo- * Before Levy, Acting P. J., Meehan, J. and Snauffer, J. INTRODUCTION Defendant Khalif Hasan Jones (defendant) entered into a negotiated plea agreement where he pled guilty to an amended charge of second degree murder and admitted that he personally and intentionally disc…
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P. v. Quiming CA6
This is Jesse Devlin Quiming’s third appeal to this court in connection with his convictions for murder and attempted voluntary manslaughter. In 2015, a jury convicted Quiming of the first degree murder of Scott Long (Pen. Code,1 § 187, subd. (a); count 1) and attempted voluntary…
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P. v. Nisbet CA4/1
After a drive-by shooting resulted in the death of Tre’Von Stewart- Jordan, a jury convicted appellant Joseph William Nisbet of first-degree murder (Pen. Code,1 § 187, subd. (a); count 1) and conspiracy to commit murder (§ 182, subd. (a)(1); count 2), and found true the special c…
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In re N.D. CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Appellant G.D. (father) appeals from juvenile court jurisdictional findings and dispositional orders sustaining a petition filed under Welfare and Institutions Code section 300 and asserting dependency jurisdiction over minor children N.D. and M.D. In…
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In re C.M. CA2/5
The juvenile court adjudged minor C.M. a ward of the court and placed C.M. at home on probation after the court sustained an allegation that C.M. had committed the offense of being a minor in possession of a firearm. (Pen. Code, § 29610.) C.M. does not challenge the evidence supp…
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In re I.S. CA2/8
For the first time on appeal Mother S.S. challenges the visitation order issued by the juvenile court upon termination of the dependency case involving her child I.S. Mother contends the visitation order must be reversed because it fails to specify visit duration and frequency. W…
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In re Em.A. CA2/1
In this consolidated appeal, D.M. (mother) appeals from the juvenile court’s assertion of jurisdiction over her daughter Em.A, and also appeals from a custody order granting father Er.A (father) one 2-hour monitored visit per year on Father’s Day. The juvenile court has terminate…
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In re M.W. CA5
-ooOoo- INTRODUCTION Appellant M.W., a minor, appeals from the jurisdictional and dispositional orders of a juvenile court, which found appellant was an aider and abettor to misdemeanor petty theft and imposed a suspended sentence of six months’ formal probation with conditions p…
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Abasolo v. Menasco CA1/4
Following a multi-day bench trial, the court voided a joint tenancy deed between appellant James Kenneth Menasco—a licensed real estate agent— and his longtime friend and client, Julian Abasolo (decedent herein), finding, among other things, that Menasco had acted in bad faith wh…
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Zamora v. Ramos CA2/7
INTRODUCTION Veronica Zamora appeals from the trial court’s order denying her request for a civil harassment restraining order against her neighbor across the street, Hazel Ramos, under Code of Civil Procedure section 527.6.1 Zamora argues her evidence satisfied the requirements …
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Wallace v. City of Oakland CA1/3
Andre Wallace appeals the grant of summary judgment in favor of the City of Oakland (City) in this personal injury case. Wallace contends that the timing of the summary judgment hearing violated former Code of Civil Procedure section 437c, subdivision (a)(3),1 which states that t…
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Vaghashia v. Vaghashia CA2/8
INTRODUCTION Plaintiffs Govind R. Vaghashia, Sonal G. Vaghashia, Sundeep G. Vaghashia, and Graphics RSCH Properties, LLC (Govind Parties) appeal from the judgment of dismissal entered after the trial court sustained without leave to amend defendants Prashant Vaghashia and Mita Va…