CA Unpub Decisions

A jury convicted Damen Rabb also known as Damon Rabb (appellant) of two counts of carjacking (counts 1 & 2; Pen. Code, 215, subd. (a) and two counts of second degree robbery (counts 3 & 4; 211). The jury found that appellant personally used a firearm during the offenses, that a principal was armed with a firearm during the offenses, and that appellant committed the offenses for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members

A jury convicted defendant Eduardo Fernandez of transportation of cocaine (Health & Saf. Code, 11352, subd. (a)) and possession for sale of cocaine (Health & Saf. Code, 11351) and found that the weight of the cocaine involved in each offense exceeded 40 kilograms (Health & Saf. Code, 11370.4, subd. (a)(5).) The trial court imposed a 24-year sentence.

In this unlawful detainer action, plaintiff Kompany, LLC (Landlord) sued defendants Mikayel Israyelyan and Divine Dining, Inc. (Tenants) for possession of the commercial premises Tenants had leased from Landlord and for related damages. The trial court ruled in Landlords favor, awarding Landlord possession of the premises, past-due rent, damages based on fair rental value and attorneys fees.

A jury convicted Dante Dwan Jones of attempted murder. Jones appeals, arguing that the trial court erred when it allowed proof of a juvenile adjudication, and also committed instructional error. Court affirm.

jury found that on November 20, 2006, Norman Cox was murdered by defendants Benjamin Gonzalez, Gilbert Gomez, Spencer Bazan, and his brother Gerson Bazan in violation of Penal Code section 187, subdivision (a). The jury found the murder was in the first degree, it was committed to benefit a criminal street gang ( 186.22, subd. (b)), and Spencer personally used a knife in the commission of the crime ( 12022, subd. (b)(1)). As to Gerson, the jury found he was a minor who was over 15 years old at the time of the killing (Welf. & Inst., 707, subd. (d)(1)). In a separate proceeding, Gonzalez admitted the recidivist allegation that he suffered a prior serious or violent felony for purposes of the three strikes law. ( 1170.12, subd. (a)-(d), 667, subd. (b)-(i).)

Cross-defendant and appellant Kenneth Roberts appeals from a judgment in favor of cross-complainants and respondents Robert Freedman, R.F.F., Inc., and R.F.F. Family Partnership, L.P., in this action for implied contractual indemnity. Roberts contends that the judgment must be reversed, because there is no evidence he was liable to the injured third parties in the underlying action. Court agree and reverse.

In an information filed by the Los Angeles District Attorney, defendant and appellant Alejandro Jose Banuelos was charged with one count of corporal injury to a childs parent (Pen. Code, 273.5, subd. (a)),one count of kidnapping ( 207, subd. (a)), and one count of criminal threats ( 422). As to all counts, it was further alleged that appellant had suffered one prior conviction within the meaning of section 667.5, subdivision (b). Appellant pled not guilty to all counts.
Trial was by jury. On September 29, 2008, the jury found appellant guilty of counts 1 and 3, and of the lesser included offense of false imprisonment ( 236) in count 2. Appellant admitted the section 667.5, subdivision (b), allegation

In this breach of construction contract action, defendant and appellant John Z. Blazevich (owner) appeals from a judgment after a bench trial awarding $20,468.06 in damages and interest, and a mechanics lien to plaintiff and respondent Westco Contractors, Inc. (referred to as contractor, including Westco owner Jack Goldberg). Owner contends: (1) under the contract, contractor was precluded from conditioning performance on payment for disputed work; (2) owner was entitled to withhold payment on invoices because other work by contractor was defective; and (3) owners refusal to make further progress payments was not a material breach justifying contractors refusal to complete the work. Owner further contends that the matter should be remanded for a ruling by the trial court on whether the work was defective. Finding that substantial evidence supports the judgment and owner failed to request a ruling on the issue of defective work in the trial court, Court affirm the judgment.

Plaintiff and appellant Bridal Images, Inc., appeals from a portion of the judgment in favor of defendant and respondent Truck Insurance Exchange following the granting of a motion for summary adjudication of its cause of action for breach of the covenant of good faith and fair dealing. Bridal Images contends that triable issues of fact exist as to whether there was a genuine dispute (Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson)) concerning Trucks liability for the claim, whether Truck reasonably relied on advice of its counsel in denying the claim, and whether there was evidence of fraud, malice or oppression. We conclude that the undisputed evidence showed that Truck reasonably and in good faith had a genuine dispute as to whether Bridal Images presented false or misleading information to Truck in the course of presenting the claim. Therefore, Court affirm.

Plaintiff and appellant Terri L. Steuber (Terri)[1]appeals from a probate court judgment, finding that she is not entitled to distribution of her deceased husbands share of the Bernard W. Steuber and Loretta M. Steuber Family Trust (the Trust).
Court affirm.

Willard S. Anthony appeals from the trial courts order distributing cash from the trust created by decedents Andrew and Odessa Jackson. Court affirm.

Appellant Jonathan Pineda appeals from the judgment entered upon a plea of no contest to count 1, possession for sale of a controlled substance, cocaine, in violation of Health and Safety Code section 11351. Appellant was sentenced to three years probation on condition that he spend 180 days in county jail, enroll in a drug counseling program, pay a series of fines, and comply with several behavioral requirements. Court affirm.

R.L. (mother) appeals from the juvenile courts jurisdictional and dispositional orders asserting jurisdiction over Cynthia L. and placing her in a nonrelative foster placement. Mother contends insufficient evidence supported the courts jurisdictional orders as to her. Mother also challenges the juvenile courts order that her visits with Cynthia be monitored. Court reverse the juvenile courts jurisdictional findings as to mother, but otherwise affirm the juvenile courts orders.

Jovany A. Melara appeals from the judgment entered following a jury trial in which he was convicted of false imprisonment by force or fear, count 1 (Pen. Code, 237, subd. (a)), a lesser offense to kidnapping to commit another crime (Pen. Code, 209, subd. (b)(1)); three counts of forcible oral copulation, counts 2, 21, and 22 (Pen. Code, 288a, subd. (c)(2)); and eight counts of second degree robbery, counts 4, 11, 13, 14, 15, 17, 19, and 20 (Pen. Code, 211). He was sentenced to prison for 30 years. Appellants motion to set aside the information pursuant to Penal Code section 995 was heard and denied as to all counts except count 18.