California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Lipa v. Rodriguez CA2/5
****** Javier Rodriguez appeals the trial court’s renewal of a domestic violence restraining order, contending that the court erred in treating his stipulation to entry of the initial restraining order as a finding of abuse, and that insufficient evidence supports renewal. Becaus…
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Camarillo v. Bostanchyan CA3
This case involves a contentious boundary line dispute between adjoining landowners (i.e., neighbors) in a residential subdivision in Sacramento County. Defendant David Bostanchyan appeals from the judgment entered after a bench trial. He challenges the order requiring him to rem…
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5110 Washington v. Scottsdale Ins. Co. CA2/5
****** When a landlord was sued by its tenants for trying to collect rent on uninhabitable apartments, the landlord tendered defense of that lawsuit to its insurance carrier. The carrier declined to defend the suit, citing the insurance policy’s explicit exclusion from coverage f…
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Shia v. Thomas CA2/2
Appellant Lily Shia sued respondent Kendra Thomas over actions Thomas took as court-appointed counsel for Shia’s minor child. Thomas moved to quash service of summons; later, she moved to strike Shia’s complaint as a Strategic Lawsuit Against Public Participation (SLAPP). (Code C…
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Rogers v. The Coliseum Center CA2/8
The trial court entered judgement against Gregory Donnell Rogers after granting the summary judgment motion of The Coliseum Center, LLC and Axiom Real Estate Investments, Inc. because Rogers submitted a “grossly inadequate” separate statement. Rogers appeals but fails to provide …
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Remini v. Church of Scientology International CA2/2
Church of Scientology International (CSI) and Religious Technology Center (RTC) (collectively, Defendants) appeal from the partial denial of a special motion to strike (Code Civ. Proc., § 425.16,1 commonly known as an anti-SLAPP motion). The trial court struck certain allegations…
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Realtek Semiconductor Corp. v. Winston & Strawn CA2/1
Defendants Winston & Strawn LLP (Winston) and one of its attorneys David Paul Enzminger undertook representation of Advanced Micro Devices, Inc. (AMD) in a patent dispute adverse to their former client Realtek Semiconductor Corp. (Realtek) and (depending on whom you believe) then…
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P. v. Marez CA5
-ooOoo- * Before Hill, P. J., Franson, J. and DeSantos, J. Appellant Carlos Albert Marez appeals after pleading no contest to the charge of assault by an inmate with a deadly weapon and admitting to certain enhancements and prior convictions. Appellant’s counsel filed a brief pur…
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P. v. Begay CA1/2
Dylin Paul Begay was convicted of theft from an elder after a jury trial. He contends the trial court erred in admitting statements he maintains were rendered involuntary by improper police questioning and obtained in violation of Miranda.1 He further contends the trial court abu…
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P. v. Kaye CA3
Following a hearing on defendant Dylan Jacob Kaye’s application for pretrial mental health diversion, the trial court denied the application, finding that although defendant was eligible for diversion, he was not suitable because he posed an unreasonable risk of danger to public …
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P. v. Regalado CA2/2
Dennis Regalado attempts to appeal from an order of the superior court denying his petition for resentencing. Because the order is not appealable, we dismiss the appeal. In 2014, appellant was convicted of assault with a firearm (Pen. Code,1 § 245, subd. (a)(2)), two counts of cr…
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P. v. Parra CA2/8
After reviewing this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. An information charged Jose De Parra with fleeing a pursuing peace officer while driving recklessly, driving a vehicle without consent after having similar prior convictions, and resi…
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P. v. Harper CA4/1
In 2012, Julie E. Harper was charged with the murder of her husband. She remained out of custody through two jury trials. She was convicted of second degree murder in 2015 and remanded into custody at that time. Harper was sentenced to prison for 15 years to life plus 25 years to…
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P. v. Thomas CA2/1
A jury convicted defendant Dominic Jacques Thomas of one count of second degree murder (Pen. Code, § 187, subd. (a))1 for fatally stabbing Jesse May. Thomas challenges his conviction, arguing there was no substantial evidence that he acted with implied malice. He also contends th…
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P. v. Simien CA3
A jury found defendant JD Wallace Simien guilty of raping a woman (victim) and kidnapping her to commit the rape. The jury also found a kidnapping special allegation true. Defendant contends there was insufficient evidence to support the movement elements of the kidnapping offens…
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P. v. Palomino CA2/3
A jury convicted defendant and appellant Marcos Palomino of murder and two counts of unlawful possession of a firearm by a felon. On appeal, Palomino argues the court erred by denying his counsel’s motion to withdraw on the eve of trial. Palomino also argues counsel provided inef…
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P. v. Bochicchio CA2/3
Bill Bochicchio pleaded no contest to first degree burglary and admitted he had a one-year prior within the meaning of Penal Code1 section 667.5, subdivision (b), a five-year prior within the meaning of section 667, subdivision (a), and a prior strike within the meaning of the “T…
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P. v. Jackson CA2/1
This appeal follows defendant Kevin Jackson’s resentencing pursuant to Penal Code section 1172.75. 1 Jackson argues and we agree the trial court lacked potential information relevant to exercising its discretion. We reverse the judgment and remand for a new resentencing hearing.…
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Mirjafarifiroozabadi v. Man CA4/3
Seyedjalil Mirjafarifiroozabadi appeals from the judgment after the trial court granted Victoria and Cornell Man’s (collectively the Mans) motion to strike pursuant to Code of Civil Procedure section 425.16 (anti- SLAPP motion)1. We conclude there is no reversible error and affir…
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Mirjafarifiroozabadi v. Man CA4/3
Seyedjalil Mirjafarifiroozabadi appeals from an attorney fee order imposed after the trial court dismissed his complaint as a SLAPP1 suit.2 We affirm. * * * FACTUAL AND PROCEDURAL BACKGROUND3 After the trial court granted the Mans’ anti-SLAPP motion, the Mans moved for their atto…