California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Aleci v. McMillan CA2/1
Appellant Denise McMillan is the sister of respondents Linda Aleci and Robert Klinger.1 The three siblings are co- trustees of the Klinger Family Trust, established by their parents. In the proceedings below, a court-appointed referee ordered that: (1) the Trust reimburse Rob $16…
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A Company Hungary KFT v. Bespalov CA2/4
INTRODUCTION Plaintiff A Company Hungary, Kft (A Company Hungary) purchased the rights to distribute a movie, Sin City II: A Dame to Kill For, in various Eastern European countries, including Russia. A Company Hungary subsequently signed a letter directing that the revenues from …
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Sunset Beach and Marina v. Capitol Specialty Ins. Corp. CA4/3
* * * In 2013, plaintiff Sunset Beach and Marina, LLC (Sunset) entered into a written contract with CD&G, a general contractor, to construct two new condominium units on vacant land owned by Sunset (2013 Construction Contract). The 2013 Construction Contract obligated CD&G to inc…
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Sugarman v. Benett CA2/8
INTRODUCTION Plaintiffs Steven A. Sugarman and his trust sued Banc of California, several executives, and members of its board directors in the wake of a scandal that led to Sugarman’s resignation from his positions at Banc of California in January 2017. After years of litigation…
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Santana v. FCA US CA4/3
Plaintiff Raul Rios Santana challenges a judgment denying civil penalties on his lemon law claim against his vehicle’s manufacturer, defendant FCA US, LLC. (See Song-Beverly Consumer Warranty Act; Civ. Code, § 1791 et seq.1) Santana contends FCA’s repurchase proposal included imp…
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Rosas v. Beverly Law CA2/5
****** Two clients hired an attorney to represent them in a personal injury action. By September 2017, they received letters from the attorney reporting that he had settled the action notwithstanding their direction that they take the case to trial. They criticized him for mishan…
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P. v. Campbell CA2/6
In 2003, Sidney Campbell was convicted by jury of second degree murder after he and his brother shot and killed a 15-year- old boy. The jury was not instructed on felony murder or natural and probable consequences. In 2022, appellant filed a petition for resentencing pursuant to …
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P. v. Johnson CA4/1
Jeffrey R. Johnson brandished a corkscrew and told Timothy Cross, “Call my mom or I’m going to gouge your eyes out.” A jury convicted Johnson of making a criminal threat. The trial court sentenced him to three years in prison, which was less than his presentence custody time. Joh…
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P. v. Grajeda CA4/1
A jury convicted Christopher Shawn Grajeda of four counts of grand theft (Pen. Code, § 487, subd. (a); counts 4, 6, 8, 10) and four counts of false statements to sell or buy a security (Corp. Code, § 25401; counts 2, 5, 7, 9). The victims’ total loss was found to be $124,000. The…
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P. v. Loza CA2/8
A jury convicted appellant Drake Nathaniel Loza and co- defendant Andres Garcia of willful, deliberate and premeditated attempted murder in violation of Penal Code1 sections 187, subdivision (a), and 644. The jury found true that Loza personally inflicted great bodily injury and …
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P. v. Garcia CA2/8
A jury convicted appellant Andres Garcia and co-defendant Drake Nathaniel Loza of willful, deliberate and premeditated attempted murder in violation of Penal Code1 sections 187, subdivision (a), and 644. The jury found true that Garcia personally inflicted great bodily injury and…
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P. v. Avila CA3
Defendant Julio Avila appeals from the judgment entered after he pled guilty to a charge of attempted second degree murder. Defendant contends the trial court abused its discretion in denying the motion to withdraw his plea. We will affirm.
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P. v. Alonzo CA4/2
A jury found defendant and appellant Esteban Tomas Alonzo guilty of felony carrying of a dirk or dagger (Pen. Code, § 213101), and he was sentenced to two years of probation. Defendant contends on appeal that the trial court abused its discretion in
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P. v. Dawson CA4/3
We agree and reverse Dawson’s conviction on count 3. FACTS1 A. Factual Background Early on the morning of July 5, 2022, C.B. was in the kitchen of her condominium in Anaheim when she heard an unfamiliar noise coming from near her front door. C.B. walked down a set of stairs towar…
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P. v. Lewis CA2/5
****** Following an evidentiary hearing, the trial court ruled that Devin Lamont Lewis (defendant) was not entitled to resentencing under Penal Code section 1172.61 because the evidence showed, beyond a reasonable doubt, that he aided and abetted an attempted murder. Defendant ap…
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P. v. Gutierrez CA2/5
****** Valentino Gutierrez (defendant) appeals from the trial court’s judgment executing a previously imposed but suspended upper-term prison sentence of three years. Defendant argues that the upper-term sentence was unlawful because the People neither pled nor proved any aggrava…
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P. v. Dunn CA1/3
Keylen Malik Dunn appeals from the trial court’s denial of his petition for resentencing under Penal Code1 section 1172.6. His appointed counsel filed a brief raising no issues on appeal and requesting that we exercise our discretion to conduct an independent review of the record…
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Morrow v. Morgan CA5
-ooOoo- * Before Levy, Acting P. J., Snauffer, J. and DeSantos, J. Cristin Morrow obtained a six-month domestic violence restraining order (DVRO) against her ex-boyfriend Theron Morgan in July 2025, in the Kings County Superior Court. Morrow subsequently sought to renew the DVRO …
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Marriage of DeHerrera CA3
(El Dorado) In re the Marriage of PAMELA and JULIAN C104443 (Super. Ct. No. 23FL0888) Appellant, v. Respondent. In this marital dissolution action, self-represented litigant Pamela L. DeHerrera appeals from the judgment entered after a bench trial on the division of the community…
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Lopez v. Wilhelm Electric Co. CA4/3
* * * Plaintiff Gonzalo Gabriel Lopez filed a class action and representative Private Attorneys General Act (PAGA; Lab. Code1 § 2698 et seq.) lawsuit against his former employer for various violations of the Labor Code, including failure to pay overtime. (See § 510.) After a benc…