California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Hudson CA3
Defendant Michael Lloyd Hudson threatened to kill a pastor who asked him to stop cutting brush on church property. A jury convicted him of making a criminal threat. On appeal, defendant contends his conviction must be reversed because it was not supported by substantial evidence …
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P. v. Montesinos CA4/2
I. Defendant and appellant Ashley Montesinos, a lawful permanent resident, is an El Salvadorian citizen who entered the United States in 2010 with her brother when she
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P. v. Davis CA3
A jury found defendant Patrick Adam Davis guilty of burglary and not guilty of vandalism. On appeal, defendant contends: (1) the record lacks sufficient evidence to support his burglary conviction; (2) his counsel was ineffective for failing to object to admission of his prior dr…
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P. v. Pomsouvanh CA3
After defendant Samay Tow Pomsouvanh pled no contest to two counts of residential burglary (Pen. Code, § 459) 1 and one count of felon in possession of a firearm (§ 29800, subd. (a)(1)), the trial court sentenced him to a stipulated term of 21 years. Appointed counsel for defenda…
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P. v. Reed CA4/2
Guy David Reed appeals from the trial court’s order denying him relief under Penal Code section 1172.75. (Unlabeled statutory references are to the Penal Code.) Reed argues that section 1172.75 applies to defendants who had their punishment struck
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P. v. Saucedo CA4/2
Defendant and appellant David Saucedo was involved in an argument with his girlfriend during which he smashed her cellular telephone, causing damage to the screen and the frame, rendering most of the functions inoperable. He also choked and pushed
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P. v. Moulton CA6
Defendant Troy Alexander Moulton drove through a stop sign in a residential area while speeding. He struck and killed Barrett Grabow, who was walking through a crosswalk at the intersection. A jury convicted Moulton of second degree murder and two other offenses. Moulton asserts …
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P. v. Dolan CA6
In April 2025, a jury convicted defendant Marshall Dolan of custodial possession of a weapon, and the trial court subsequently sentenced him to a term of six years in prison. On appeal, Dolan argues the trial court erred by denying his pretrial Pitchess1 motion seeking discovery …
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P. v. Talamantes CA2/8
MEMORANDUM OPINION We find these consolidated matters appropriate for disposition by a memorandum opinion in accordance with the California Standards of Judicial Administration, section 8.1. (See People v. Garcia (2002) 97 Cal.App.4th 847, 850–855 [use of memorandum opinions].) W…
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P. v. Velasquez CA5
-ooOoo- INTRODUCTION Efrain Velasquez1 (appellant) is serving a life sentence for first degree murder and appeals from the trial court’s denial of his Penal Code section 1172.62 petition for resentencing. Appellant argues that he stated a prima facie case for relief and the trial…
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P. v. Mariscal CA4/2
INTRODUCTION Defendant and appellant Josue Alfonso Mariscal appeals the trial court’s order following a full resentencing hearing upon remittitur. Counsel has filed a brief under the
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North County Communications Corp. v. Vaya Telecom CA4/1
Epps & Coulson, Dawn M. Coulson and Gabriel M. Courey, for Claimant and Respondent. Plaintiff North County Communications Corporation of California (NCCC) appeals a trial court order denying its motion to vacate three post- judgment orders in this long-running litigation. NCCC fi…
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Moffett v. Lake Merritt Healthcare Center CA1/1
Defendants Lake Merritt Healthcare Center, LLC. (LMHC) and Crystal Solorzano appeal from a trial court order denying their motion to compel arbitration. We affirm in part and reverse in part. In September 2022, while in his early 20s, Paris Moffett (Paris) was shot and paralyzed …
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Mercury Ins. Co. v. Aghaei CA2/4
Defendants Ramin Aghaei, Jennifer Tu, Garvey Aghaei Chiropractic Corporation, and Ramin Aghaei, a Professional Chiropractic Corporation (collectively, the chiropractors) appeal from the trial court’s order denying their special motion to strike the amended complaint filed by plai…
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Martin v. Schmidt CA4/1
I. INTRODUCTION Stepsisters Janeen Martin and Linda Schmidt inherited joint interests in their parents’ house. After the probate court ordered the sale of that house in a partition action, Martin sued Schmidt for delaying the sale thereby causing lost profits. Schmidt responded w…
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Marriage of Filipp CA4/1
Appellant Fabian V. Filipp, a self-represented litigant, appeals from an order declaring him a vexatious litigant under Code of Civil Procedure section 391.1 He contends the family court misapplied section 391, erred by counting nonqualifying proceedings, and committed “procedura…
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Marriage of Michael and Sara W. CA1/3
MEMORANDUM OPINION1 Sara W. (Wife) unsuccessfully petitioned for a domestic violence restraining order (DVRO) against her ex-husband, Michael W. (Husband). Husband requested attorney’s fees and costs as the prevailing respondent
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Marriage of Pallares and Rincon CA4/2
INTRODUCTION After a long term relationship (many years of cohabitation prior to a 10 year marriage), husband Pedro Rincon Pallares (Pedro)1 filed for dissolution of marriage from
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Liu v. Pacific Specialty Ins. Co. CA4/1
Appellants Jie Liu and his wife, Wei Xia, own a rental home insured by Pacific Specialty Insurance Company. Unbeknown to Appellants, their tenant grew marijuana in the house and damaged every room. Appellants filed an insurance claim, but Pacific Specialty denied it under a grow …
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Joseph F. Farivar Investment Group v. HPC Vineburn CA2/1
This case concerns the passive1 migration of contaminated groundwater from one property to an adjacent downgradient property. Plaintiffs are the owner and renter of the downgradient property. The defendants are the current and prior owners of the upgradient property. Prior to def…