CA Unpub Decisions

Appellant Rachel V. (“Mother”), the mother of minors Amber W. and Ayanna W., appeals from the juvenile court’s disposition order denying reunification services to Mother pursuant to Welfare and Institutions Code section 361.5, subdivisions (b)(10) and (b)(11).[1] On appeal, Mother contends that the juvenile court committed reversible error in denying her reunification services because the court applied the incorrect legal standard under section 361.5, subdivision (b)(10) and (b)(11), and because the evidence was insufficient to support a finding that Mother failed to make reasonable efforts to treat the problem that led to the prior removal of the minor’s half siblings. Mother also claims that the juvenile court abused its discretion in failing to order reunification services under section 361.5, subdivision (c) because there was clear and convincing evidence that reunification with Mother was in the minors’ best interests. We agree with Mother that the juvenile court erred in denying her reunification services under sec

On April 8, 2009, Los Angeles Police Officer Michael Saragueta worked in an undercover capacity with several other officers, conducting a controlled narcotic purchase. As part of this operation, Officer Saragueta and his partner, Officer Olsen, went to a location known as a high narcotics area. When they arrived, appellant approached them and asked if they needed anything. Officer Saragueta testified he told appellant he was looking for a “40,” which meant he wanted $40 worth of rock cocaine. Appellant asked the officers if they knew anyone in the neighborhood and if they were police. Officer Saragueta responded by “dropping some names or mentioning some names of individuals that I knew in the area as well as telling him that we were not the police.” Appellant then retrieved a clear plastic bindle from his rear waistband, and removed two off-white solids resembling rock cocaine. He handed the two objects to Officer Saragueta and in return, Officer Saragueta gave appellant $40 in cash. The two officers then left.

Anthony Castillo appeals from a sentence of imprisonment following his convictions for grand theft and second degree commercial burglary. He contends the sentence for grand theft should have been imposed and stayed pursuant to Penal Code section 654, as the theft and the burglary were both part of an indivisible course of conduct with a single intent and objective. The People agree, as do we. Accordingly, we will remand the matter to the superior court with instructions to stay the sentence as to count 2. Otherwise, we affirm.

Mary A. Stewart appeals from the judgment entered after the trial court sustained without leave to amend the demurrers of the California Housing Finance Agency (CalHFA) and its employee Michelle Novoa-Castillo to Stewart’s second amended complaint for violation of her state constitutional rights and intentional infliction of emotional distress. We affirm.

Four Star General Properties, LLC (Four Star) appeals from the trial court’s order granting the special motion to strike the first amended complaint ‑‑ pursuant to Code of Civil Procedure section 425.16,[1] California’s anti-SLAPP[2] statute ‑‑ of respondents Blue Water Sunset, LLC (Blue Water) and Yana Henriks, who is the manager of Blue Water. We affirm the trial court’s order granting Blue Water’s and Henriks’s anti-SLAPP motion to strike.
facts and procedural history

Kerri Galgas appeals the denial of her motion to modify an order requiring her to pay child and spousal support to her former spouse Nancy.[1] Kerri contends the denial of her motion amounts to an abuse of discretion. We affirm.

Vincent Love appeals the grant of summary judgment to respondent, The Regents of the University of California, and the dismissal of his complaint against respondent for discrimination, breach of contract, retaliation and defamation. Appellant contends that the trial court committed prejudicial error by granting summary judgment and dismissing his case without determining that respondent's evidence was not substantial, or determining who was telling the truth. We affirm.

On August 21, 2008 Padilla was walking with Campos toward the entrance to Superior Super Warehouse in Long Beach and stopped to remove a shopping cart from a row of carts in the parking lot. As Campos walked ahead, he heard Padilla scream, “I fell.” Campos turned around and saw Padilla lying on the ground six or seven feet from an overturned cart. When Campos went to her, Padilla said, “The baskets were stuck, and I went down.” Padilla did not describe any other details of the accident and did not indicate anything was wrong with the shopping cart. Campos did not notice anything wrong either. There were no witnesses to the incident.
Paramedics arrived on the scene and transported Padilla to Long Beach Memorial Medical Center. The following day, she was transferred to a Kaiser medical facility and underwent surgery for a fracture of her right femur. On August 23, 2008, while still a patient at Kaiser, Padilla died.
2. Campos’s Complaint and Superior’s Motion for Summary Judgment
On November 19, 2009 Campos filed a lawsuit against Super Center Concepts, Inc., the owner of Superior Super Warehouse (Superior),[1] alleging four causes of action: (1) wrongful death, (2) loss of consortium, (3) premises liability and (4) general negligence.[2] The complaint alleged Padilla had died as a proximate result of Superior’s failure to properly maintain the shopping carts. The complaint also alleged Superior owed Padilla an affirmative duty to ensure her safety and failed to exercise ordinary care in managing the premises, exposing her to an unreasonable risk of harm.

Husie Outing was convicted of assault by means likely to produce great bodily injury (Pen. Code, § 245, former subd. (a)(1), now subd. (a)(4)). Although he was found competent to stand trial, he claims that his conviction should be reversed because the trial court did not order a second competency hearing when substantial evidence emerged that he was not competent to stand trial. We affirm the judgment.

Melania Kazaryan and 32 other individuals appeal from the dismissal of their claims against California FAIR Plan Association (CFP) for breach of contract, breach of the implied covenant of good faith and fair dealing and unfair business practices after the trial court sustained CFP’s demurrer based on misjoinder of parties (Code Civ. Proc., §§ 378, 430.10, subd. (d)).[1] We reverse.

Defendant Genaro Torres appeals from the judgment entered upon his jury conviction of attempted murder and assault and the jury’s finding that these crimes were committed for the benefit of a street gang. Defendant contends the evidence does not support a finding that he committed attempted murder with deliberation and premeditation. He also argues that his trial counsel rendered ineffective assistance by not moving to bifurcate trial on the gang enhancement, and that the testimony of the prosecution’s gang expert was insufficient to support the enhancement. We disagree and affirm the judgment.

Rhonda Binkley appeals from a judgment entered upon her jury conviction of possession of a controlled substance, a violation of Health and Safety Code section 11377, and bringing a controlled substance into jail, a violation of Penal Code section 4573.[1] She contends the court committed prejudicial error by failing to investigate a juror’s statement expressing that she felt bullied and wanted to know her rights. She also asserts that her section 4573 conviction should be reversed because the evidence supporting the conviction was obtained in violation of her constitutional right to silence. We affirm the conviction.

A modification decision.

Husie Outing was convicted of assault by means likely to produce great bodily injury (Pen. Code, § 245, former subd. (a)(1), now subd. (a)(4)). Although he was found competent to stand trial, he claims that his conviction should be reversed because the trial court did not order a second competency hearing when substantial evidence emerged that he was not competent to stand trial. We affirm the judgment.