CA Unpub Decisions

After the trial court denied his motion to suppress evidence, appellant Nicholas Seaberry pleaded no contest to one count of receiving stolen property in violation of Penal Code section 496, subdivision (a). Appellant admitted a gang enhancement.
On May 14, 2009, the court suspended imposition of sentence, placed appellant on three years formal probation and among other conditions of probation, ordered him to serve a 10-month county jail sentence.
Appellant appeals the denial of his motion to suppress evidence by the trial court pursuant to Penal Code section 1538.5, subdivision (m) and California Rules of Court, rule 8.304(b)(4)(A). After review of the record, we find that probable cause to arrest did not exist in this case.

.C. (Mother) challenges an order of the San Francisco City and County Superior Court, Juvenile Division, made October 5, 2009, in which the court granted a petition under Welfare and Institutions Code section 388to terminate a prior visitation order and set a hearing under section 366.26 (.26 hearing) to select a permanent plan for the minor D.C. Mother challenges the juvenile courts finding that the San Francisco Human Services Agency (Agency) offered or provided her with reasonable services, as well as its ruling terminating further visitation. Court conclude the courts reasonable services finding is supported by substantial evidence, as is its order terminating further visitation, and therefore deny Mothers petition on the merits.

n this lawsuit, plaintiff and appellant Terry Bazzini and his wife, plaintiff and appellant Phyllis Bazzini, sued Mr. Bazzinis ex-employer, defendant and respondent Technicolor, Inc., for personal injuries. (Lab. Code, 3602, subd. (b)(2).) Plaintiffs alleged they were not limited to workers compensation remedies because Technicolor fraudulently concealed that Mr. Bazzinis exposure to chemicals could eventually lead to his bladder cancer and second-hand exposure by Ms. Bazzini could harm her. Court affirm the summary judgment entered in favor of Technicolor.

Defendants and appellants, Quincy Jackson and Amatari Hobobo, appeal the judgments entered following their convictions, by jury trial, for robbery, assault with a firearm, making criminal threats, and possession of a firearm by a felon, with arming, firearm use, prior prison term (Jackson only) and prior serious felony conviction enhancements (Pen. Code, 211, 245, subd. (a)(2), 422, 12021, 12022, 12022.5, 12022.53, 667.5, 667, subd. (a) (i)). Sentenced to state prison for terms of 30 years (Jackson) and 38 years (Hobobo), defendants appeal.

Defendants Richard Bullis and Potential Life Foundation (together Bullis) appeal from the judgment entered in favor of plaintiff Willie Perrymon upon the trial courts finding that Bullis repudiated the purchase and sale agreement between the parties. Bullis contends there is no evidence to support the trial courts findings. Because the record contains substantial supporting evidence,Court affirm the judgment.

Appellants Jose V. and Maria F. Sanchez, husband and wife, have appeared throughout in propria persona. The trial court dismissed their case for failure to prosecute. They appeal from that order, as well as two other orders set forth below. court conclude that none of the orders is appealable and Court therefore dismiss the appeal.

Jessie Akim Rush was convicted by a jury on multiple counts of carjacking and robbery and one count of receiving stolen property with special findings by the jury he had used a firearm during the commission of the carjackings and robberies and by the court in a bifurcated proceeding he had suffered a prior serious or violent felony conviction. On appeal Rush argues there was insufficient evidence to support two of the carjacking convictions and the trial court erred in admitting certain evidence and in denying his motion to sever the trial of several counts.Court affirm.

In August 2008, a jury found appellant Ibrahim Basil Henry (Henry) guilty of stalking (Pen. Code, 646.9, subd. (b);count 1), two counts of second degree robbery ( 211; counts 2 and 3); and first degree residential robbery ( 459; count 4). The trial court sentenced him to a total of nine years in state prison as follows: the upper term of six years on count 4 (base term) and three consecutive one-year (one-third of the mid term) terms on counts 1, 2, and 3.

Following the denial of his motion to suppress evidence, Eric Antonio Williams pleaded no contest to one count of receiving stolen property. On appeal Williams contends he was unlawfully detained based on an anonymous tip and the stolen property found in his car as a result of that detention should have been suppressed. Court agree and reverse.

Jorge Abeica, Angel Isarraras and David Negrete were convicted of two counts each of attempted murder, with gun and gang allegations found true. In connection with a separate incident, Abeica was also convicted of assault by means likely to cause great bodily injury. The trial court sentenced Abeica and Negrete to state prison for two consecutive life terms plus a consecutive term of 25 years to life plus a consecutive term of 20 years (with Abeicas sentence relating to the separate incident to run concurrently); Isarraras was sentenced to state prison for two consecutive life terms plus two consecutive terms of 25 years to life for the firearm enhancements. The three appeal, claiming numerous procedural, evidentiary and instructional errors. Except to the extent the abstracts of judgment must be corrected, none of the claims raised in these appeals has merit and Court otherwise affirm.

The underlying matter in this case involves a dispute between homeowners (appellants Michael Osterman and Lonnie Osterman) and a contractor (respondent Tenzera, Inc.) which was hired to install tile, stone, and marble. Although an arbitration agreement was executed by the Ostermans and Tenzera, Inc., the arbitrator brought into the arbitration the corporations principals, respondents Bruno Tenzera and Ivan Tenzera, and rendered an award against Tenzera, Inc. as well as the principals.

Plaintiffs GAM Holdings, Albert Mnatsakanyan, and Garnick Mnatsakanyan (GAM) sued CalFarm Insurance Company (CalFarm) in Los Angeles Superior Court for, inter alia, insurance bad faith and breach of contract.According to the operative complaint and its attachments, CalFarm issued a Businessowners [sic] Portfolio Policy to GAM covering lost income from business property. GAM alleged that CalFarm wrongly denied policy benefits for lost income from a Carls Jr. Restaurant that was destroyed in a fire at a strip mall owned by GAM. Following submission of the case to voluntary arbitration, the arbitrator found for GAM on both its claims, and awarded $3,838,085.20. The trial court later confirmed the award, and entered judgment for GAM in the sum of $4,665,073.02 (the arbitration award of $3,838,085.20 plus prejudgment interest of $826,987.82).

Defendant and appellant Ruben Vargas pleaded no contest to felony leaving the scene of an accident. He was ordered to pay direct victim restitution. On appeal, he contends the restitution order must be stricken because leaving the scene of an accident did not cause damages. Court disagree and affirm the judgment.

In a two-count information, Samuel Barba Ornelas (defendant) was charged with attempted kidnapping (January 8, 2008) and with stalking (October 15, 2007-January 11, 2008). The victim of each count was Magdalena Gutierrez, his longtime girlfriend and the mother of his three children.