CA Unpub Decisions

After his residence was sold at a non-judicial foreclosure sale, plaintiff and appellant Zvonimir Nikolic filed a complaint alleging multiple causes of action against defendants and respondents Martin Forte; Nonine Freitas and Erika Reynolds in their capacity as individuals and as successor trustees of the Forte Trust; and other defendants. He generally alleged that Forte, Freitas and Reynolds failed to acknowledge an oral agreement between their father and him concerning the interest rate on a promissory note and thereafter impeded his ability to make timely payments on the note. The trial court sustained their demurrer without leave to amend.
We affirm. Appellant failed to allege sufficient facts to support any of his causes of action. Given that this was appellant’s third attempt to state a viable claim, the trial court properly exercised its discretion in denying leave to amend.

Defendant Marcos Ceras appeals from the judgment entered following a jury trial in which he was convicted of attempted murder, shooting at an inhabited dwelling, and assault with a firearm, with findings defendant personally fired a gun and personally inflicted great bodily injury. Defendant contends the trial court erred by denying his motions contesting the prosecutor’s use of a peremptory challenge against a prospective juror and seeking dismissal due to the destruction of evidence by the police. We affirm.

Daniel Coffman appeals his conviction by jury of three counts of grand theft by false pretenses in which he took cash and used the victim's credit card to make unauthorized purchases. (Pen Code, § 487.)[1] Appellant admitted a prior prison term enhancement (§ 667.5, subd. (b)), was sentenced to five years four months in county jail (§ 1170, subd. (h)(5)), and ordered to pay $56,052 restitution. We affirm.

Plaintiff and appellant Karan J. Russell appeals an order denying her motion to set aside the judgment in favor of defendants and respondents Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement Dated as of June 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR5 Mortgage Pass-Through Certificates, Series 2007-BR5 (Deutsche Bank) and Barclay’s Capital Real Estate Inc., doing business as HomEq Servicing (HomEq). We affirm.

Appellant Luis V. appeals from an order of the juvenile court committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). He contends the juvenile court abused its discretion when it ordered the DJJ commitment. We affirm.

Defendant, Donaldo Aguilar, entered into a plea bargain whereby he waived his right to appeal his conviction and sentence. Charged with special circumstances murder, defendant agreed to testify against his accomplices. In exchange, he was permitted to plead no contest to voluntary manslaughter and kidnapping and admit the truth of a firearm use allegation. After being sentenced in full compliance with the plea bargain, defendant appealed.

Sang Dae Han appeals his conviction, by jury, of one count of continuous sexual abuse of a minor (Pen. Code, § 288.5),[1] and one count of aggravated sexual assault on a child under 14 years of age. (§ 269, subd. (a)(2).) He was sentenced to state prison for 31 years to life. He appeals contending his conviction of violating section 269 must be reversed because the statute of limitations had run on that offense. He further contends the trial court prejudicially erred when it permitted the victim's mother to testify that the victim had been raped because the mother had no personal knowledge of the incident. We affirm.

Appellant Starling Eisenberg appeals from the judgment (order granting probation) entered following her plea of no contest to possessing a controlled substance for sale (Health & Saf. Code, § 11351). The court suspended imposition of sentence and placed her on formal probation for three years. We affirm the judgment.

Following the denial of a motion to suppress evidence, Eric Matthew Zimmerman was convicted by a jury of transportation of a controlled substance and possession for sale of a controlled substance. Zimmerman contends the methamphetamine found in his car should have been suppressed as the fruit of an unlawful search. We reverse.

Appellant Marcel Babakhyi (Husband) was married to Ibtissam Babkhyi (Wife). They have two children Deen (born 2001) and Leela (born 2004). Husband filed a petition for dissolution on February 23, 2006. The court awarded joint legal custody to both parents but awarded Wife primary custody of the children. A judgment of dissolution was entered on August 12, 2009.
Husband filed a notice of appeal from both the judgment of dissolution and the court’s October 4, 2011 order denying his application for order to show cause for modification of custody and visitation.

The wife and children of Cleveland Brown sued the Regents of the University of California, alleging medical malpractice and wrongful death. The Regents obtained summary judgment, and the Brown family appeals. We reverse the summary judgment.

A jury found Albert Ortega guilty of first degree murder, with special circumstance and firearm allegations found true. The trial court sentenced him to a state prison term of life without the possibility of parole, plus a consecutive 25-year-to-life term for the firearm enhancement. He appeals, claiming error in the trial court’s admission of his confession among other errors. We agree that a penalty assessment and parole revocation fine should be stricken but otherwise affirm.

Defendant and appellant Mark Edward Mesiti filed a motion to traverse and quash two search warrants, arguing that an initial warrant lacked probable cause and was facially defective, and that the second was the fruit of the first. By the same motion, Mesiti sought to suppress drug-related evidence seized during the execution of the second warrant. (Pen. Code, § 1538.5.) The trial court denied Mesiti’s motion, and a jury then convicted Mesiti of manufacturing a controlled substance, methamphetamine. (Health & Saf. Code, § 11379.6, subd. (a).) On appeal, Mesiti contends the trial court erred in denying his motion attacking the search warrants. We affirm the judgment.

A.O. appealed from a dispositional order committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF). His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) We find no arguable issues and affirm.