CA Unpub Decisions

Defendant Michael Edward Mackey appeals from his conviction for murder, attempted murder, and two counts of robbery. He argues that the prosecutor exercised his peremptory challenges in a racially discriminatory manner, that there was insufficient evidence to support one of the robbery convictions, and that the trial court improperly awarded restitution without supporting evidence. Court find no merit to these contentions and therefore shall affirm.

Respondent Clement Chang sued appellants Bank of America, N.A. (Bank of America), Banc of America Securities LLC (Banc of America Securities), Banc of America Investment Services, Inc. (BAIS) (collectively, bank appellants) and Mark Gillelen, alleging that they had mismanaged his investments. In these consolidated appeals, appellants challenge the denial of their motion to compel arbitration of respondents claims. Court affirm.

O.E., the mother of J.E. (Mother), appeals from the juvenile courts order terminating her parental rights under Welfare and Institutions Code section 366.26. Mother argues that the order should be reversed because there was insufficient evidence of adoptability. Court disagree and, accordingly, affirm.

Plaintiff Rudy D. Martin appeals from a judgment entered following the granting of defendant Lawrence Millers motion for summary judgment. Martin contends the court erred in concluding that his action for invasion of privacy is barred by the litigation privilege. (Civ. Code, 47, subd. (b).) Court shall affirm.

Defendant Justin Wade Collins pleaded no contest to inflicting corporal injury upon a cohabitant with a prior conviction for the same offense (Pen. Code, 273.5, subd. (e)(1)) and admitted that he had suffered a prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12). Pursuant to a negotiated agreement, the trial court sentenced him to four years in state prison. The trial court also imposed a restitution fine of $800, a court security fee of $20, a criminal justice administration fee of $129.75, and a criminal conviction assessment of $30. Defendant has filed a timely notice of appeal. In June 2008, the police responded to a call of a disturbance. They met with Sandra Rivera, who told them that defendant had been staying at her house. She and defendant were arguing and she tried to call a friend. At that point, defendant punched her in the mouth with a closed fist. He apologized, but she told him to leave. Rivera sustained swelling and redness to her lower lip. Appointed appellate counsel has filed an opening brief that states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, Court have reviewed the entire record and have concluded that there are no arguable issues on appeal.

Bruce Portner appeals from a summary judgment granted in favor of the defendants in his defamation suit against the Fairfield Daily Republic (Daily Republic) and related defendants. Court affirm the judgment.

Appellant Eric Houston (Houston) was charged with killing a rival narcotics dealer and with inflicting serious bodily injury on a bystandera four-year-old child who was wounded in the attack. He was convicted by a jury of: first degree murder (Pen. Code 187, subd. (a)) with enhancements for use and intentional discharge of a firearm and infliction of great bodily injury ( 12022.5, subd. (a); 12022.7, subd. (a); 12022.53, subds. (b), (c), (d)); assault with a firearm ( 245, subd. (a)(2)) with enhancements for use of a firearm and infliction of great bodily injury on a child ( 1203.06, subd. (a)(1); 12022.5, subd. (a); 12022.7, subd. (d)); shooting at an occupied motor vehicle ( 246) with enhancements for use and intentional discharge of a firearm and infliction of great bodily injury upon a child ( 12022.7, subds. (a), (d); 12022.5, subd. (a); 12022.53, subds. (b), (c), (d)); and possession of a firearm by a felon ( 12021, subd. (a)(1)). He seeks reversal of his murder conviction, alleging that the trial court erred in failing to instruct the jury sua sponte on voluntary manslaughter as a lesser included offense, under a theory of imperfect self-defense. Court affirm.

Plaintiff Carolyn Burton appeals an order granting a motion to strike her libel cause of action under Code of Civil Procedure section 425.16 (the anti-SLAPP statute) filed by defendants Frederick P. Furth (Furth), the Furth Firm LLP (Firm), Chalk Hill Estate Vineyards LLC, and Chalk Hill Estate Winery LLC. Court conclude defendants failed to meet their burden of showing plaintiffs libel claim arose from protected activity and

Disputes between neighbors can be among the most prolonged, petty, and downright nasty of all litigation. (See, e.g., Griffin v. Northridge (1944) 67 Cal.App.2d 69, 71-73.)Like the storied feud between the Hatfields and the McCoys, conflicts between neighbors can become notoriously bitter, sometimes even providing the motive for murder. (See People v. Garcia (2005) 36 Cal.4th 777, 782-783.)
While physical violence has not occurred in the present case, repeated juvenile and spiteful antics by defendant Steven Marlowe have punctuated his ongoing dispute here with his neighbors, plaintiffs Richard Beil and Kelly Mullins. As a result, the court issued a temporary restraining order (TRO), and ultimately a three-year injunction, under Code of Civil Procedure section 527.6 in favor of plaintiffs, to prevent further harassment by Marlowe.
Marlowe appeals from the order imposing the injunction, claiming (1) the court lacked jurisdiction to issue it and (2) there was no substantial evidence to support it. court easily reject both arguments, andaffirm.

Appellant William Soto appeals from a judgment and sentence after he pleaded no contest to felony charges, pursuant to a negotiated disposition. His counsel on appeal has filed an opening brief that asks this court to conduct an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel has informed appellant that he may personally file a supplemental opening brief, but appellant has not done so.

In two separate criminal actions that have been consolidated, defendant entered a negotiated plea of no contest to unlawfully driving or taking a vehicle (Veh. Code, 10851, subd. (a)), being a felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1)), and commission of a felony while released on bail or own recognizance pending final resolution of an earlier felony charge (Pen. Code, 12022.1). The trial court imposed but stayed a total state prison term of four years eight months, and granted defendant three years probation on the condition that he accept placement in the Jericho Project drug treatment program. After defendant admitted the second of two probation violations, his probation was revoked and the state prison term was imposed.

The plaintiffs sued the defendant railroad company to quiet title to an easement for railroad purposes along the back of their industrial property. The plaintiffs alleged the railway company was no longer using the easement for any railroad purpose and had abandoned the easement. After a bench trial, the trial court determined the plaintiffs had failed to prove the easement had been abandoned and entered judgment in the railroads favor. Plaintiffs appeal. Court affirm.

Andrew Adam Velez appeals from the judgment entered upon his convictions by jury of first degree murder (Pen. Code, 187, subd. (a), count 1),attempted willful, deliberate and premeditated murder ( 664, 187, subd. (a), count 2) and possession of a firearm by a felon ( 12021, subd. (a)(1), count 3). The jury found to be true as to counts 1 and 2 the firearm-use allegations within the meaning of section 12022.53, subdivisions (b) and (d), and as to count 1 the firearm-use allegation within the meaning of subdivision (c) of section 12022.53. As to all counts, the jury found to be true the allegation that appellant committed the offenses for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(A). Appellant admitted having suffered a prior felony strike within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). The trial court sentenced him to an aggregate state prison term of 130 years to life. Appellant contends that the trial court erred (1) in allowing over a hearsay objection evidence of a recorded telephone conversation identifying him as the shooter, (2) in allowing evidence of the murder victims hearsay statement identifying appellant as the person to whom the victim was speaking prior to the shooting, (3) in denying appellants motion for a mistrial based on prosecutorial misconduct for attempting to elicit evidence previously ruled inadmissible, and (4) in allowing evidence of a firearm that was not the murder weapon. Appellant also contends that (5) the cumulative effect of the errors and prosecutorial misconduct require reversal.

Plaintiffs, Janice Sharp and Dane Hoiberg, appeal from a summary judgment in favor of defendants, Paul Anderson and Elizabeth Anderson. Court affirm the judgment.