CA Unpub Decisions

Salvador Lopez appeals from an order revoking probation and sentencing him to prison for two years for possession of child pornography. (Pen. Code, § 311.11, subd. (a).)[1] Appellant contends that, at the probation revocation hearing, the trial court admitted out-of-court statements in violation of the hearsay rule and his due process rights. In addition, appellant contends that the evidence is insufficient to show that he violated probation by knowingly possessing child pornography. We affirm.

John Michael Somlay appeals a judgment following his conviction of petty theft with a prior conviction (Pen. Code, § 666), a felony. The trial court suspended imposition of sentence, placed him on formal probation for 36 months on condition that he serve 365 days in jail. We conclude, among other things, that: 1) the court did not err by denying Somlay's request to substitute counsel; 2) Somlay has not shown ineffective assistance of counsel; but 3) because of an amendment to Penal Code section 666, we vacate his sentence, order his conviction to be reduced from a felony to a misdemeanor, and remand for resentencing. In all other respects, we affirm.

Plaintiff Smashing Pictures, LLC ("Smashing") appeals the judgment entered in favor of defendant Twentieth Century Fox Film Corporation ("Fox") after the trial court adopted the Report of Referee (the "Report") issued by retired Justice Edward A. Panelli (the "Referee"), which recommended that Fox's demurrer to Smashing's second amended complaint and motion for judgment on the pleadings be granted. Finding no error, we affirm the judgment.

Plaintiffs and appellants Jose Salcido, Reginald Quinteros and David Taylor sued their employer, defendant and respondent United Parcel Service, Inc. (UPS), seeking recovery of unpaid overtime compensation and related claims. The trial court granted summary judgment against each of the plaintiffs, and we affirmed those judgments. UPS moved for an award of attorney's fees and costs. The trial court awarded attorney's fees to UPS against each plaintiff pursuant to Labor Code section 218.5.[1] Plaintiffs here appeal the award of attorney's fees. Plaintiffs and UPS agree that this joint appeal present the same issue we previously decided in United Parcel Service Wage and Hour Cases (McGann) (2011) 192 Cal.App.4th 1425, review granted May 11, 2011, S191908.

Francisco Javier Barajas appeals from the judgment entered following his conviction by a jury of first degree murder. (Pen.Code, §§ 187, 189.)[1] The jury found true a special circumstance allegation of murder in the commission of robbery. (§ 190.2, subd. (a)(17)(A).) Appellant was sentenced to prison for life without the possibility of parole.
Appellant contends that the evidence is insufficient to support (1) his first degree murder conviction based on the theory that the murder was committed in the perpetration of a robbery, and (2) the jury's robbery-murder special-circumstance finding. We affirm.

Appellant Maritza Rivera Grier and Respondent David Alan Grier[1] dissolved their marriage pursuant to a stipulated judgment in 2001. In 2009, Maritza filed a postjudgment order to show cause and application for order (OSC) relating to sums she contends she is owed under the stipulated judgment. The court denied some of the requested relief but ordered David to pay certain sums. Maritza appeals from the court's postjudgment order. We affirm.

Gonzalo L., a minor, appeals from the juvenile court's order (judgment) sustaining allegations of vandalism and two counts of battery on a school employee. We modify the judgment by striking the term of maximum confinement and in all other respects affirm.

Gilton Beltrand Pitre appeals from a judgment of conviction for first degree murder of, and for unlawful sexual intercourse with Alyssa Gomez, a minor. He contends the trial court erred in reopening closing arguments after the jurors indicated there was a lone holdout juror. He also contends he was awarded an incorrect amount of presentence custody credits. We affirm the convictions, and modify the judgment to correct the custody credits.

Appellant Vernon Marsh was convicted, following a jury trial, of one count of second degree murder in violation of Penal Code section 187, one count of attempted murder in violation of sections 187 and 664, and one count of shooting into an occupied motor vehicle in violation of section 246. The jury found true the allegations that in the commission of all the crimes, appellant personally used and intentionally discharged a firearm and proximately caused great bodily injury or death, within the meaning of section 12022.53, subdivisions (a) through (d). The trial court sentenced appellant to a total term of 40 years to life in state prison.
Appellant appeals from the judgment of conviction, contending that the trial court erred in denying his motion for a mistrial during voir dire, violated his Sixth Amendment rights by admitting a tape of a 911 call and a prior identification by a witness, and incorrectly instructed the jury on causation. Appellant further contends that his counsel was ineffective in failing to object to certain identification evidence. We affirm the judgment of conviction.

Jose Luis Pavon, Sr. and Maria Del Carmen Herrera (Plaintiffs) filed this action, seeking to recover damages for the loss of their son, Jose Luis Pavon, Jr. (decedent), who was electrocuted while working at the home of defendants Peter and Kristine Glaeser. Plaintiffs sued the Glaesers, Glaeser Builders, Inc. and Glaeser Management Company (Defendants). In their complaint, Plaintiffs alleged a right to recover under two theories: one based on general negligence and one brought under Labor Code section 3706[1] based on a purported employment relationship between decedent and Defendants.

Armando Martinez appeals a judgment following conviction of three counts of child molestation with a finding that he committed lewd acts against more than one child. (Pen. Code, §§ 288, subd. (a), 288, subd. (c)(1), 288.5, subd. (a), 667.61, subds. (b) & (e)(4).)[1] We affirm.
FACTS AND PROCEDURAL HISTORY
Martinez and his wife Teresa lived with their daughter L. and their son A. in Culver City. Teresa's daughter V. also lived with them.
Molestation of V.

Appellant Pamela Shanell Johnson pled no contest to one count of grand theft by embezzlement in violation of Penal Code section 487, subdivision (a). In exchange for her no contest plea, a special allegation alleging that she took more than $50,000 was dismissed. Appellant was placed on probation for three years on the condition, inter alia, that she serve 365 days in county jail and pay victim restitution. Following a restitution hearing, appellant was ordered to pay $86,222.56 in restitution to the victim pursuant to section 1202.4, subdivisions (a)(1) and (f). The trial court relied on the total amount on People's Exhibit 1.

Appellant Jay Selznick appeals from the judgment entered following his conviction by jury on count 1 – first degree murder (Pen. Code, § 187). The court sentenced appellant to prison for 25 years to life. We affirm the judgment.

This is a personal injury action. It arose from an accidental collision between a pedestrian and an automobile. The pedestrian was plaintiff Jesse Rosenberger. The automobile was driven by defendant Michael Zabielski, a reserve deputy sheriff employed by defendant County of Los Angeles (County). Rosenberger sued Zabielski and County for negligence, and obtained a judgment for nearly $1 million. Defendants appeal the judgment and two post-judgment orders. We affirm.