California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Theta Delta Chi v. Hicks CA6
In January 2020, a student at Stanford University (Stanford or the university) died from fentanyl toxicity at the Theta Delta Chi (TDX) fraternity house. Following an investigation, Stanford imposed penalties on the local TDX chapter of the fraternity (Stanford TDX), including a …
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Shropshire v. Ocean Avenue CA2/4
Under Code of Civil Procedure section 474, a plaintiff who is ignorant of a defendant’s identity may designate the defendant in a complaint by a fictitious name (typically, as a “Doe”), and subsequently amend the pleading to state the defendant’s true name when the plaintiff late…
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Schiffman v. The Standard Fire Ins. Co. CA2/7
Michael Schiffman appeals from the judgment entered after the trial court granted summary judgment in favor of the Standard Fire Insurance Company on Schiffman’s lawsuit alleging breach of contract and breach of the implied covenant of good faith and fair dealing arising from Sta…
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Sandoval v. Perez CA2/4
INTRODUCTION In 2013, the mother of a minor child filed a petition under the Family Code to determine parentage. In 2014, mother obtained an order requiring the child’s father to pay child support. Shortly thereafter, the trial court entered an order dismissing the case. No furth…
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P. v. Clark CA3
Defendant John Mark Clark, Jr., appeals from his conviction on two counts of failing to register as a sex offender as required by the Sex Offender Registration Act (the Act) (Pen. Code, § 290 et seq.).1 He argues (1) there was insufficient evidence he resided in California at the…
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P. v. Demarco CA3
Defendant Joseph Paul Demarco was convicted of murder, unlawful discharge of a firearm from a motor vehicle, and several counts of unlawful possession of a firearm. At sentencing, the trial court imposed sentence on a Penal Code1 section 12022.53, subdivision (c) firearm enhancem…
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P. v. Ernst CA6
Charles Phillip Ernst appeals from a resentencing order, arguing the trial court abused its discretion in declining to strike his prior strikes pursuant to its authority under Penal Code1 section 1385, subdivision (a) and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (R…
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P. v. Sandoval CA2/8
********** A jury found defendant and appellant David Alexander Sandoval guilty of two counts of first degree murder and related charges arising from two separate incidents that occurred in late 2020. Defendant challenges his conviction on several grounds. He contends the trial c…
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P. v. Perkins CA2/7
In 2004 a jury convicted Alonzo Perkins of the second degree murder of Eric Martinez, the attempted willful, deliberate, and premeditated murder of Donte Terrell, second degree robbery, and possession of a firearm by a felon. However, the jury found not true a special-circumstanc…
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P. v. Manning CA3
Defendant Michael Manning appeals his convictions of unlawful possession of a firearm and ammunition. His primary argument on appeal is that the trial court erred in excluding evidence regarding his wife’s prior conviction for attempted involuntary manslaughter and her “admission…
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P. v. Bolanos CA4/1
In 2020, a jury convicted Juan Carlos Bolanos of continuous sexual abuse of a child (Pen. Code1 § 288.5 (count 1)) and three counts of lewd acts with a child under 14 years of age (§ 288, subd. (a) (counts 2, 3, & 4)).
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P. v. Andrade CA4/2
Defendant and appellant Gilbert Andrade appeals the trial court’s postjudgment order denying his Penal Code1 section 1172.6 petition to recall his first degree murder (§ 187, subd. (a)) conviction and for resentencing at the prima facie stage. On appeal,
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P. v. Edwards CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. Defendant Anthony Ray Edwards appeals the summary denial of his petition for resentencing under Penal Code section 1170.18, subdivision (f).1 His court-appointed counsel filed a brief pursuant to People v. Delga…
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P. v. Rand CA2/4
Defendant Daveon Rand was convicted of three murders, five attempted murders, and four counts of being a felon in possession of a firearm, all relating to a series of shootings committed between 2014 to 2016. The jury also found true, along with various firearm and gang-related e…
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P. v. Eckman CA2/1
MEMORANDUM OPINION1 This is an appeal from the postconviction denial of appellant Tommy Curtis Eckman’s petition for full resentencing under Penal Code section 1172.75.2 We affirm because Eckman fails to show the trial court erred in not striking his prior strike
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P. v. Lee CA2/7
INTRODUCTION In 1999 a jury convicted Mike Wei-Chung Lee of attempted murder, assault with a semiautomatic firearm, mayhem, burglary, and conspiracy to commit burglary. In 2023 Lee filed a petition for resentencing under Penal Code section 1172.6.1 The superior court ruled Lee fa…
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P. v. Gonzalez CA2/8
A jury convicted appellant Francisco Gonzalez of premeditated attempted murder and first degree “provocative acts” murder after viewing a video in which he drove a fellow gang member to a failed shooting of a rival gang member, swerved his car towards the rival gang member in the…
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P. v. Karam CA4/3
* * * Defendant Walid Karam was convicted by a jury of resisting and deterring an executive officer, vandalism, and resisting and obstructing a peace officer. The court suspended imposition of sentence and placed him on two years of formal probation. On appeal, Karam contends the…
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P. v. Singh CA5
-ooOoo- Defendant Harmanpreet Singh was convicted by jury of first degree murder, corporal injury on a former dating partner, and assault with a firearm. On appeal, he contends (1) the trial court erred by failing to hold a second competency hearing, (2) defense counsel rendered …
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Obiora v. PWxyz CA2/5
I. INTRODUCTION Plaintiff Noel Obiora appeals from the trial court’s order striking his cause of action for declaratory relief against defendant1 pursuant to the anti-SLAPP statute (Civ. Code Proc., § 425.16)2. We affirm.