California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Flores CA2/5
****** Bryan Arriaga Flores (defendant) appeals the trial court’s order following proceedings conducted pursuant to Penal Code1 section 1172.75, in which the court recalled his sentence, struck now-invalid prior prison term enhancements, and declined to reduce the sentence furthe…
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P. v. Alvarado CA4/2
I. Defendant and appellant Andres Alvardo appeals from the trial court’s postjudgment order denying his request to impose a lower term sentence following a
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P. v. Torres CA5
-ooOoo- Defendant Stephen Torres challenges the sentence imposed after a partially successful petition under Penal Code section 1172.6.1 We reject his principal claim that the superior court erred in relying on aggravating circumstances not proven or admitted in accordance with s…
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P. v. Garcia CA5
-ooOoo- Defendant Isaiah Elias Garcia (defendant) was convicted of second degree murder with a deadly weapon enhancement. He contends the trial court improperly took judicial notice of a witness’s identification of him as the killer at the preliminary hearing. He also argues tria…
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P. v. Quinonez CA6
1. Additional background a. Faretta motion Quiñonez was represented by a public defender or an alternate public defender from his arraignment on December 27, 2021, until July 21, 2022, when Quiñonez made his oral Faretta motion. The court responded that, before it could grant his…
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P. v. Castaneda CA6
Defendant Ruani Castaneda pleaded no contest to stalking by repeated following or malicious harassing (Pen. Code, § 646.9, subd. (a))1 and inflicting corporal injury on the mother of his child (§ 273.5, subd. (a)) in exchange for placement on probation. The trial court imposed pr…
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P. v. Cruz CA2/4
By amended information filed in November 2023, defendant Sergio Cruz and codefendant Johnny Perez were charged with the murder of Joshua Barcelos, assault with a firearm, and shooting at an occupied motor vehicle. (Pen. Code, §§ 187, subd. (a), 245, subd. (b), 246.)1 The informat…
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P. v. Quintanilla CA2/7
INTRODUCTION A jury convicted Omar Quintanilla of the first degree murder of Alcides Quiroz-Portillo, possession of a firearm by a felon, and shooting from a motor vehicle, with a true finding that Quintanilla personally used a firearm in the commission of the offenses. Quintanil…
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P. v. Garcilaso CA4/1
This appeal is from a judgment following resentencing under Penal Code section 1172.75. This appeal is governed by the court’s decision in People v. Delgadillo (2022) 14 Cal.5th 216. Retired Judge of the San Diego Superior Court assigned by the Chief Justice pursuant to article…
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P. v. Mendoza CA4/3
In 2007, a jury found Ruben Mendoza guilty of premeditated attempted murder and shooting at an occupied motor vehicle. He was sentenced to a determinate term of one year, plus an indeterminate term of life with the possibility of parole. In 2023, Mendoza filed a form petition for…
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P. v. Nazemi CA4/1
Farrah P. Nazemi appeals from a judgment after her conviction for three counts of filing a false instrument and one count of forgery of the name of another person. Nazemi argues that the trial court committed structural
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P. v. Oseguera CA5
-ooOoo- * Before Levy, Acting P. J., Harrell, J. and Guerra, J. Defendant Ramon Oseguera, Jr., contends on appeal that the sentence must be vacated and the matter remanded with directions to the trial court to impose the term specified in the negotiated plea agreement, or alterna…
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Moore v. PERS CA3
Appellant Dwain D. Moore appeals from a trial court judgment sustaining a demurrer filed by respondent Public Employees’ Retirement System (CalPERS) without leave to amend because appellant’s petition for writ of mandate was time-barred by the statute of limitations contained in …
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Martinez v. Contreras CA5
-ooOoo- INTRODUCTION On March 19, 2021, defendant and appellant Antonio Contreras and plaintiff and respondent Aleshia Martinez were involved in a motor vehicle accident. Martinez sued Contreras for damages and the matter was tried before a jury. On October 31, 2024, the jury ret…
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Marriage of Lee and Cho CA4/1
Hee Kyung Cho appeals the trial court’s judgment of dissolution, challenging the court’s (1) factual findings on the date of separation, (2) termination of jurisdiction over spousal support, and (3) alleged clerical error in its breach of fiduciary duty finding. We conclude subst…
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M.S. v. Superior Court CA4/3
No appearance by the Minor. * * * This is a writ proceeding filed by M.S. (mother), challenging the juvenile court’s termination of reunification services with S.S. (minor), at the combined 12- and 18-month review hearing and order that a hearing be scheduled under Welfare and In…
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In re Z.L. CA2/8
Mother J.G. appeals from the juvenile court’s orders taking jurisdiction over her daughter, Z.L., and removing Z.L. from her custody. Mother asserts insufficient evidence supports jurisdiction, removal, and aspects of the reunification case plan the court selected for mother. We …
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In re A.O. CA6
On January 5, 2024, the Santa Clara County Department of Family and Children’s Services (Department) filed a juvenile dependency petition alleging the failure of the mother, S.M. (Mother) and the father, D.O. (Father) to protect and provide support for their minor child, A.O., un…
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Estate of Wigg CA4/1
Appellant Michelle M. Dutro appeals a January 2025 probate court order directing the distribution of real property previously held by Wigg & Sons, Inc., a suspended corporation, to respondent Harrold Trueman Wigg III
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San Diego-Tomas v. Aspire Bakeries, LLC CA1/4
Plaintiff Cecilia San Diego-Tomas appeals a judgment dismissing her complaint for discrimination and retaliation under the California Fair Employment and Housing Act (FEHA) (Gov. Code,1 § 12900 et seq.) against her former employer defendant Aspire Bakeries, LLC (Aspire). She does…