CA Unpub Decisions

The facts are taken from the declarations submitted in support of the complaint filed by Abreu and the SLAPP motion filed by Gregory and Rhea. When necessary, we also refer to the complaint and exhibits included with the complaint.
Gregory and Rhea represent Dr. Mark Sofonio. Abreu apparently filed a complaint on April 15, 2009, against Dr. Sofonio, Yolanda Garcia, and Sheila Celaya (a nurse in Dr. Sofonio's office) in Riverside County Superior Court case number INC085622. Gregory and Rhea filed a demurrer and a motion to strike portions of the complaint on behalf of Dr. Sofonio. They alleged the complaint was â€

The evidence, while not overwhelming, was sufficient to prove the following criminal scenario.
In order to refinance a house co-owned by her mother and her stepbrother, defendant Margo Bowie had her codefendant, Taala Stewart, sign the stepbrother's name on a grant deed to the mother. She then signed the mother's name on a trust deed. The refinancing went through, and both deeds were recorded.

Defendant Jesus Albert Castillo was a member of a gang called 5150 MR. He and a fellow gang member were in the territory of a rival gang when they encountered a stranger named Joseph Faciane. Defendant asked Faciane where he was from; Faciane denied being in a gang. Nevertheless, defendant said he was from â€

S.C. and Bobby L. (together, the parents) appeal juvenile court orders denying their Welfare and Institutions Code[1] section 388 petitions for modification and terminating their parental rights to their minor daughter, S.L., under section 366.26. The parents contend that: (1) the court erred by summarily denying S.C.'s section 388 modification petition; (2) the court had a sua sponte duty to assess the request by S.L.'s adult half sister that S.L. be placed with her; and (3) there was no substantial evidence to support the court's finding that S.L. was likely to be adopted if parental rights were terminated. We affirm the orders.

A jury found John Patrick McMorran guilty of two counts of securities fraud (Corp. Code, § 25401) (counts 1 and 2) and two counts of grand theft (Pen. Code,[1] § 487, subd. (a)) (counts 3 and 4), and found counts 1 and 3 involved property worth more than $50,000 (§ 12022.6, subd. (a)(1)) and counts 2 and 4 involved property worth more than $150,000 (§ 12022.6, subd. (a)(2)). The court sentenced McMorran to five years in prison: the three-year middle term on count 2 and two years for the enhancement, a concurrent three-year middle term on count 1 with a concurrent one-year term for the enhancement, and concurrent two-year middle terms on counts 3 and 4 with concurrent terms of one and two years, respectively, for the enhancements. McMorran appeals, contending the court should have stayed the sentences on counts 3 and 4 (§ 654). We agree.

A jury convicted James Jay Lane and Steven Michael Jakul of attempted auto theft (Pen. Code,[1] § 664; Veh. Code, § 10851, subd. (a); count 1); petty theft with a prior related offense (§ 666; counts 3 and 5 as to Lane and counts 2 and 4 as to Jakul), and conspiracy (§ 182, subd. (a); count 6). In a subsequent proceeding, the jury found Lane had suffered a prior first degree burglary conviction (§ 459), and a robbery conviction in Nevada. The jury also found Jakul had suffered prior convictions for sale of a controlled substance (Health & Saf. Code, § 11379, subd. (a)), possession of a controlled substance (twice) (Health & Saf. Code, § 11377); possession of a deadly weapon
(§ 12020, subd. (a)), and receiving stolen property (§ 496).
As to Lane's current conviction for conspiracy, the court sentenced him to prison for a term of 25 years to life under the "Three Strikes" law (§ 667, subds. (b)-(i)), and imposed, but stayed, under section 654, 25-year-to-life sentences for the remaining counts. Jakul's conviction was his second strike, and the court sentenced him to a total of 13 years, consisting of (1) three years, doubled to six years, for petty theft with a prior related offense (count 4); (2) eight months, doubled to 16 months, for the other petty theft with a prior related offense (count 2); (3) four months, doubled to eight months for the attempted auto theft; and (4) five years for the prior prison terms. Under section 664, the court stayed Jakul's 16-month sentence for conspiracy.[2]

Characterizing his 13-year-old victim as a â€

A. J., mother of the minors appeals from orders of the juvenile court terminating her parental rights. (Welf. & Inst. Code,[1] §§ 366.26, 395.) Appellant contends the Shasta County Health and Human Services Agency (agency) failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA) (25 U.S.C § 1901, et seq.) The agency acknowledges there may be notice errors and that it was unable to reach a stipulation for reversal with appellant's counsel. We reverse and remand to permit the juvenile court to comply with the notice requirements of the ICWA.

One summer evening in 2006, Shaaneel Singh and a friend were returning from a trip to the store, on their bikes, when Singh became the victim of a drive-by shooting. Defendant Ian Winston Clark-Johnson drove the car; his long-time friend defendant Michael Scott was the front passenger. Scott fired several shots while leaning out of the car's window, hitting and killing Singh.
The People prosecuted the case as a gang crime. Both defendants were charged with first degree murder with a drive-by special circumstance and firearm and gang enhancements.
Despite the introduction of extensive evidence relating to gangs, including not only a gang expert but also letters and other writings found in Scott's jail cell, the jury rejected the prosecution theory that the crime was gang related, finding the gang enhancement (Pen. Code,[1] § 186.22, subd. (b)(1)), not true as to both Scott and Clark-Johnson. The jury convicted Scott of first degree murder (§ 187, subd. (a)) and found true the drive-by special circumstance (§ 190.2, subd. (21)) and the personal use firearm enhancement (§ 12022.53, subd. (d)). The jury acquitted Clark-Johnson of first degree murder, convicted him of second degree murder, and found the firearm enhancement of section 12022.53, subdivision (e)(1) true.[2] Scott was sentenced to 25 years to life in prison plus life in prison without parole. Clark-Johnson was sentenced to 15 years to life in prison.

Minor and appellant Anthony L. challenges a search condition imposed as a condition of parole after the trial court found true one count of committing a forcible lewd act with a child. We find that the search condition was properly imposed.

Appellant M.W. appeals from the judgment declaring him a ward of the juvenile court under Welfare and Institutions Code section 602. The juvenile court sustained a petition, filed on May 10, 2010, alleging that appellant possessed a weapon on school grounds, a felony, in violation of Penal Code section 626.10, subdivision (a)(1). Appellant admitted the allegation in an earlier petition, filed on October 14, 2009, that he committed a battery, a misdemeanor, in violation of Penal Code sections 242 and 243. Based on both counts, the court placed appellant on home probation for an aggregated confinement time of three years, two months.
On appeal, appellant contends the juvenile court erred in denying his motion to suppress and by failing to declare his weapon possession offense as a felony or misdemeanor. We affirm.

Appellant Rene Hernandez appeals from the judgment entered following his plea of no contest to second degree robbery in violation of Penal Code section 211, a felony. Pursuant to the plea agreement, the trial court imposed a term of 19 years in state prison, and dismissed two felony counts of assault with a deadly weapon and possession of a firearm. The court selected the low term of two years, which was doubled under the â€

Paul Merritt appeals from an order dismissing as untimely his petition to vacate a contractual arbitration award. We affirm.
Merritt filed an arbitration claim with the National Arbitration Forum (NAF) against Chase Bank USA, N.A. (Chase), which he apparently named as â€

Drayton Earl Morris appeals from the judgment entered following revocation of probation granted after his plea of no contest to possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). The trial court sentenced Morris to 16 months in prison. We affirm.