CA Unpub Decisions

On May 11, 2007, Mr. Welt Pocket & Cutting, Inc. (Mr. Pocket) filed a complaint for book account and account stated based on two invoices (totaling $80,621.49) for clothing related services rendered to Ben Ryan, Inc. (BRI). The complaint alleged BRI was the alter ego of Lawn and Erin Schacter, another named defendant. Lawn was personally served on August 22, 2007.
On November 16, 2007, Mr. Pocket submitted a request to enter default to the court. Mr. Pocket submitted a judgment package on February 27, 2008, and the court entered judgment against Lawn on March 4.

Dalila Araceli Atherley appeals from an award of spousal support in a judgment of dissolution of her marriage to Harry Vaughn Atherley. Court find that the trial court considered the required statutory circumstances in Family Code section 4320, and find there was no abuse of discretion in the spousal support award. Court therefore affirm the judgment.

A jury convicted Michael Paul Soto (appellant) of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)).[1] The trial court found that appellant had served seven prior prison terms ( 667.5, subd. (b)); suffered three prior strike convictions ( 1170.12, subds. (a)d); 667, subds. (b)(i)); and suffered three prior convictions for serious felonies ( 667, subd. (a)(1)). After denying appellants Romero motion,[2]the trial court sentenced appellant to 25 years to life for the assault with a deadly weapon and an additional term of five years for each of appellants three prior convictions for serious felonies under section 667, subdivision (a)(1). His total term is 40 years to life. Appellant appeals on the ground that the trial court abused its discretion by refusing to strike appellants remote prior strike convictions under section 1385.

Electric Pointe, LLC, and KLC, LLC appeal the judgment entered in favor of the California Coastal Commission (the "Commission") and the City of Los Angeles (the "City") in their petition for writ of administrative mandate. Appellants maintain that the trial court erred in its interpretation of the word "development" as it appears in section 30106 of the California Coastal Act (Pub. Res. Code, 30106) (the "Act"). Finding no error, Court affirm the judgment.

Theresa Marie Ward, who owned real property in joint tenancy with her mother, Hortence Luna, filed a lawsuit to cancel the transfer of her mothers interest in the home to the Family Trust of Hortense [sic] Luna (Trust), a transfer that would result in the extinction of Wards right of survivorship. The trial court entered judgment against Ward. On appeal Ward contends the court erred in concluding the transfer complied with Civil Code section 683.2, subdivision (c), which requires any instrument unilaterally severing a joint tenancy either be recorded before the transferors death or be notarized not earlier than three days before the death and recorded not later than seven days after the death. Court agree with Ward and reverse.

Plaintiff and appellant Vartan Kojababian appeals from an order sustaining a demurrer without leave to amend to a complaint filed against defendants and respondents Boris Treyzon and Treyzon & Associates (sometimes collectively Treyzon) which alleged a claim of conspiracy under the Uniform Fraudulent Transfer Act, Civil Code section 3439 et seq. Court affirm. The trial court properly sustained the demurrer on multiple grounds, including that the complaint failed to state a cause of action, was barred by the statute of limitations and was barred by the agents immunity rule.

A jury convicted Stephon White of one count of selling cocaine base, following which White admitted that he had suffered two prior strike convictions and had served three prior prison terms. The trial court sentenced White to the four year middle term for the offense, doubled to eight years for a prior strike conviction. Court affirm the judgment.

Defendant and appellant George W. Shackelford (defendant) challenges a trial court judgment awarding damages to plaintiff and respondent Jose Diaz (plaintiff) arising from a labor claim. He contends that (1) the trial court judgment violates the doctrine of res judicata, (2) the trial court erroneously admitted certain evidence, and (3) the trial court failed to prepare a proper statement of decision.
Court find that the trial courts statement of decision contravened Code of Civil Procedure sections 632 and 634. Accordingly, we reverse the judgment and remand for the preparation of a statement of decision that addresses defendants affirmative defense of res judicata and jurisdiction based upon action of the Labor Commissioner.

A jury convicted Ricky Lee Moss (appellant) of second degree burglary. (Pen. Code, 459.)[1] The jury found that the value of the property exceeded $50,000. ( 12022.6, subd. (a)(1).) Appellant admitted a prior conviction for a serious or violent felony. ( 1170.12, subds. (a)-(d); 667, subds. (b)-(i).) The trial court sentenced appellant to seven years in prison. The sentence consisted of the upper term of three years, doubled because of the prior strike to six years, and a consecutive year for the section 12022.6 enhancement. Appellant appeals on the ground that imposition of the enhancement under section 12022.6, subdivision (a)(1) violated his rights under the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and must be reversed.

The trial court denied appellant Murray Companys petition for writ of administrative mandate, which challenged a decision by respondent California Occupational Safety and Health Appeals Board (Board) denying appellants request for reconsideration of the dismissal of its appeals. Court affirm.

Lorenzo Briones and Nancy Briones, husband and wife, appeal from an order awarding Evelyn Ramos and her son, James Duldulao, attorney fees and costs in the amount of $5,148.50 following the Brioneses dismissal of their lawsuit against Ramos and Duldulao. Court affirm.

Liggins Waldrop (appellant) appeals following his plea of no contest to one count of leaving the scene of a vehicular accident resulting in serious injury to another person, a violation of Vehicle Code section 20001, subdivision (a). The trial court sentenced appellant to the low term of two years, doubled because of his prior strike conviction, for a total prison term of four years. (Pen. Code, 667, subds. (b)-(i); 1170.12, subds. (a)-(d).) Court appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an opening brief containing an acknowledgement that she had been unable to find any arguable issues. On July 29, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.

Bart Stone appeals from the judgment entered in favor of respondents James Arthur Lovell and Donal Lovell after the trial court denied a motion for new trial. (Code Civ. Proc., 657.) Appellant claims that he was denied a fair trial because defense counsel, in circumvention of an in limine order, asked inflammatory questions about prior drug convictions. The trial court, in denying the motion for new trial, concluded there was no miscarriage of justice. Court affirm.

After his motion to suppress evidence was denied under Penal Code section 1538.5,[1] Ronald Brown (appellant) entered a plea of no contest to one count of unlawful possession for sale of cocaine base in violation of Health and Safety Code section 11351.5. The trial court placed appellant under terms and conditions of probation for three years. Appellant appeals on the grounds that: (1) the probation condition that gives the probation officer sole authority to determine where appellant may live is constitutionally overbroad and should be stricken; and (2) the probation condition contained in the minute order of October 14, 2008, which orders appellant to stay away from places where users or sellers congregate and not to associate with drug users or sellers, must be corrected to include a knowledge element.