CA Unpub Decisions
California Unpublished Decisions
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On October 3, 2007, the Riverside County District Attorneys office filed an information charging defendant and appellant Martin Vo and codefendant Scotlay Sirithongdy with two counts of assault with a deadly weapon on Christopher Leeper and Steven DeMoss under Penal Code section 245 (counts 1 and 2); driving under the influence under Vehicle Code section 23152, subdivision (a) (count 3); and driving with a blood alcohol level of 0.08 or higher under Vehicle Code section 23152, subdivision (b) (count 4). The information also alleged that defendant personally inflicted great bodily injury upon Leeper under Penal Code section 12022.7, subdivision (a).
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Defendant and appellant Michael Lee Cruz was convicted by a jury in case No. SWF023218 of one count of sexual battery with restraint (Pen. Code, 243.4, subd. (a))and one count of a lewd and lascivious act on a child ( 288, subd. (c)(1)). Based on the same allegations and evidence presented at the trial in case No. SWF023218, the trial court also found defendant violated the conditions of his probation in case No. SWF013474. He now appeals the jurys verdict and the trial courts findings in each of these cases because he contends there was insufficient evidence to support the unlawful restraint element of the sexual battery offense. ( 234.4, subd. (a).) Court affirm.
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M.A. (the mother) appeals from an order terminating parental rights to her infant son, D.J. She argues that the juvenile court should have applied the beneficial parental relationship exception to termination. (Welf. & Inst. Code, 366.26, subd. (c)(1)(B)(i).) She also appeals from an order made at the same hearing denying her changed circumstances petition pursuant to Welfare and Institutions Code section 388 (section 388). court find no error. Hence, Court will affirm.
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In this matter Court have reviewed the petition and the opposition thereto, which we conclude adequately address the issues raised by the petition. Court have determined that resolution of the matter involves the application of settled principles of law, and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
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On June 9, 2005, the Stanislaus County District Attorney charged appellant Paul Michael Ruiz with one count of receiving a stolen vehicle (Pen. Code, 496d) while released on bail or his own recognizance ( 12022.1) with a prior serious felony conviction ( 667, subd. (d)) and a prior prison term ( 667.5, subd. (b)). On January 2, 2008, the court granted appellants motion to bifurcate trial of the special allegations. On January 10, 2008, the jury returned a guilty verdict on the substantive count and appellant subsequently admitted the truth of the on-bail, prior conviction and prior prison term allegations. On October 10, 2008, appellant moved for a new trial, alleging his arrest record or booking sheet had been sent into the jury room before the rendering of a verdict. On October 24, 2008, the court denied appellants motion for new trial. On November 21, 2008, the court conducted a sentencing hearing, denied appellant probation, and sentenced in him in four separate cases to a total term of 30 years in state prison. On December 1, 2008, appellant filed a timely notice of appeal.
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Appellant Hector Manuel Valadez was charged with eight counts of forcible lewd acts upon a child in violation of Penal Code section 288, subdivision (b)(1), and three counts of lewd acts upon a child in violation of section 288, subdivision (c)(1). The victim was his daughter, whom he had molested for a period of six years. Pursuant to a negotiated agreement, Valadez entered a plea of no contest to two counts of forcible lewd acts. The terms of the agreement were that Valadez would plead to the two felony counts in exchange for dismissal of the remaining counts, and a sentence consisting of a three-year lower term for each of the two offenses, to run consecutively, for a total term of six years. At the time the plea was taken, the court incorrectly advised Valadez that he could be placed on parole for a period of 10 years after release from custody.
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Appellant Nolberto Beltran Perez was convicted by jury of transportation for sale of heroin (count 1), transportation for sale of cocaine (count 2), possession of heroin for sale (count 3), possession of cocaine for sale (count 4), and driving without a license (count 5). At sentencing, the trial court refused Perezs request for probation and sentenced him to the mid-term of four years on count 1 and a concurrent mid-term of four years on count 2. A three-year concurrent middle term was imposed on both counts 3 and 4, but these terms were ordered stayed pursuant to Penal Code section 654. On count 5, the trial court sentenced Perez to 299 days with credit for time served.
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S.B. (mother) appeals from an order terminating parental rights (Welf. & Inst. Code, 366.26) to her two daughters.Mother challenges the superior courts earlier decision denying her reunification services based on her history of extensive, abusive, and chronic use of drugs ( 361.5, subd. (b)(13)). She also contends the superior court erred by not finding that termination would be detrimental to the children based on their relationship with her. On review, Court affirm
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.B. (father) appeals from a July 2009 order terminating parental rights (Welf. & Inst. Code, 366.26) to his daughter, L. who was then three years old. He contends this court should reverse the termination order because: respondent Fresno County Department of Children and Family Services (department) and the court failed to ask him, pursuant to the Indian Child Welfare Act (ICWA; 25 U.S.C. 1901 et seq.), whether he had any Indian ancestry; and the court should have found termination would be detrimental to the child based on their parent/child relationship. Father also joins in arguments raised by the childs mother in her appeal (In re C.F. et al., F058193).
On review, Court affirm. Neither of fathers contentions warrants reversal. His ICWA argument is untimely (In re Pedro N. (1995) 35 Cal.App.3th 183), not to mention he overlooks his express denial of having any Indian ancestry. In addition, the court did not abuse its discretion by rejecting fathers claim of detriment. As for fathers joinder in the mothers appeal, he is also not entitled to relief. In the mothers appeal, Court concluded her arguments were meritless. |
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Plaintiffs Maria Pellegrino, Nadia Balici, Carolyn Cox, Kelli Maresch, Jennifer McCasland, and James Rossetto (collectively, plaintiffs) sued their former employer, temporary staffing firm Robert Half International, Inc. (RHI), for violations of the wage and hour provisions of the Labor Code and for unfair competition.Plaintiffs unfair competition claims were solely based on the wage and hour claims. The trial court bifurcated plaintiffs equitable claims for unfair competition from the remaining claims, and the parties first tried to the trial court RHIs affirmative defense that plaintiffs were exempt employees. After RHI completed its case‑in‑chief on that affirmative defense, the trial court granted plaintiffs motion for judgment under Code of Civil Procedure section 631.8, concluding plaintiffs did not fall within the administrative exemption. Reserving the right to seek recovery of attorney fees, the parties thereafter stipulated to judgment as to all remaining issues in the case and judgment was entered accordingly. The trial court granted plaintiffs motion for attorney fees, and an amended judgment was entered, awarding, inter alia, plaintiffs counsel $978,121.98 in attorney fees.
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Defendant City of Laguna Beach appeals from a judgment in favor of plaintiffs Brenton R. Babcock and Diane L. Babcock that invalidated application of a zoning ordinance to a portion of plaintiffs real property. It relies on several procedural grounds, including issue preclusion, the statute of limitations, and ripeness. Litigation of the claim was not precluded but we agree it was barred by the statute of limitations because plaintiffs challenge to the ordinance was filed well beyond the applicable statute of limitations. Further, the action is not ripe because the ordinance has not yet been applied to plaintiffs property. Court reverse on those grounds.
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A jury convicted defendant Kevin Carl Faulkner of 31 of the 34 counts alleged against him. Defendant raped, sodomized, orally copulated, and committed lewd and lascivious acts upon a series of girls who were the daughters or granddaughters of women defendant successively dated and/or married. The court sentenced defendant to 316 years and eight months to life in prison.
Defendant raises four issues on appeal: (1) whether the court violated his due process rights by suspending the trial for 37 calendar days (19 court days) to meet the needs of several jurors and avoid a mistrial; (2) whether the court prejudicially erred by failing to instruct the jury on the applicable statute of limitations for counts 1 through 22; (3) whether defendants right to conflict-free counsel was violated by a pending criminal investigation of the defense investigator; and (4) whether the court erred when it denied defendants motion for a continuance to substitute retained counsel prior to sentencing. Court reverse defendants conviction on count 9,but otherwise affirm |
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A jury convicted defendant Richard Roland Medeiros of second degree murder (Pen. Code, 187, subd. (a) (count 1); all further statutory references are to this code unless specified), and gross vehicular manslaughter while intoxicated ( 191.5, subd. (a) (count 2).) The charges arose from a fatal automobile crash occurring while defendant drove under the influence of alcohol and marijuana. In a bifurcated proceeding, the trial court found defendant suffered three prior convictions for driving under the influence (DUI) of drugs or alcohol ( 191.5, subd. (d)). Defendant complains of instructional error, and challenges the sufficiency of evidence to support his convictions. For the reasons stated below, Court affirm the judgment.
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