CA Unpub Decisions

Appellant appeals from the disposition order of the juvenile court removing her two children from her custody and placing them in foster care. She contends that there was insufficient evidence that the children would be in substantial danger if left in her care and thus the courts disposition order constituted error. Because recent orders of the juvenile court have rendered moot the issue of whether removal of the children from mothers custody was proper, Court grant respondents motion to dismiss the appeal.

On April 22, 2008, narcotics task force officers searched the apartment where defendant Hector Manuel Silva, Sr., lived with his spouse and their six children. Officers found two digital scales and a baggie containing 14 grams of suspected cocaine in the master bedroom closet near baby clothing. A babys crib was located in the master bedroom. Officers also found a stolen laptop computer. In the living room, officers found pay/owe records. Defendant admitted that he sold drugs to supplement his income. Defendant entered a negotiated plea of no contest to sale/transportation/offer to sell cocaine (Health & Saf. Code, 11352, subd. (a)) and receiving stolen property (Pen. Code, 496, subd. (a)). In exchange, the remaining count, child endangerment (Pen. Code, 273a, subd. (a)), was dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.

This appeal involves the propriety of the trial court's denial of an award of attorney fees to successful cross-defendants on a cross complaint alleging an unfair competition law claim. Court conclude the trial court properly denied the award and affirm the judgment.

After his motion to suppress evidence was denied, Matthew Basco Broderick[1] entered negotiated guilty pleas to possession for sale of cocaine in excess of 28.5 grams (Health & Saf. Code, 11351 & Pen. Code, 1203.073, subd. (b)(1)), possession for sale of ecstasy (Health & Saf. Code, 11378), possessions for sale of hydrocodone (Health & Saf. Code, 11351), and possession for sale of marijuana (Health & Saf. Code, 11359). The plea bargain called for a sentence of five years with execution to be stayed for five years and a three-year grant of probation, conditioned on, among other things, Broderick serving 365 days in jail. Additionally, under the plea bargain, Broderick agreed to waive past and future Penal Code section 4019 credits. The trial court sentenced Broderick in accordance with the plea bargain.

William Ellis appeals from his conviction on one count of selling cocaine. Court modify the judgment to strike certain sentencing enhancements that the trial court declined to impose, and Court otherwise affirm.

Defendant and appellant Rafael Silva (Silva) drove defendant and appellant Eudaldo De La Torre (De La Torre) to the house of a local drug dealer, slowed down and stopped while De La Torre shot the dealer multiple times at close range, and then sped away from the scene. There were several eyewitnesses, including the drug dealer who survived.

Plaintiff and appellant Aleyamma John (John), in propria persona, appeals an order of dismissal for her failure to serve defendant and respondent Los Angeles Unified School District (the District) with her petition for writ of administrative mandate. (Code Civ. Proc., 1094.5.)
On August 20, 2007, John filed a petition for writ of administrative mandate challenging the Districts decision terminating her employment. Rule 3.110(b) provides: The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. Despite repeated warnings by the trial court, John did not comply with this procedural mandate. On February 14, 2008, pursuant to an order to show cause, the trial court dismissed the action due to Johns failure to file proof of service of the petition upon the District.
On the record presented, we perceive no abuse of discretion in the trial courts ruling and affirm the order of dismissal.

Cross-defendant FV 1 appeals the judgment entered in favor of cross complainant Pro Value Properties, Inc. ("Pro Value") following trial of the latter's lawsuit for unjust enrichment. Court determine that the cross complaint fails to state a cause of action, and so reverse the judgment.

Plaintiff Melody L. Cochran ("Wife") appeals the judgment in favor of her husband, defendant William Bennett ("Husband"), entered following the latter's successful motion for judgment on the pleadings. The trial court took judicial notice of the contents of certain documents on file in the parties' dissolution action, and ruled that Wife's judicial admissions establish that the statute of limitations has run on her claims against Husband in this lawsuit. Court disagree, and reverse the judgment.

Los Angeles County Harbor/UCLA Medical Center (County)[1] seeks a writ of mandate directing the trial court to vacate an order granting relief from the claims presentation requirements of the Tort Claims Act. (Gov. Code, 900 et seq., hereafter Tort Claims Act.) After review of the entire record, Court conclude: (1) Plaintiffs Jose Haro Ramirez, Margarita Gladin, Leopoldo Haro and Jose Haro (plaintiffs) and their counsel were aware at the time the complaint was filed of the grounds for a negligence cause of action against a defendant identified as Doe Doctor;

A jury found defendant Clemente Sanchez Carbajal guilty of second degree murder (Pen. Code, 187), in the course of which he had personally used a knife (id., 12022, subd. (b)(1)). It acquitted the codefendant (his brother) of any form of homicide or being an accessory after the fact. The trial court sentenced defendant to 16 years to life in state prison. On appeal, defendants sole contention is that the trial court erred in failing to instruct sua sponte in connection with the lesser offense of voluntary manslaughter on the alternative theory of sudden quarrel or heat of passion. Court shall affirm the judgment.

Following the death of Maxine Harrington, the parties are contesting rights to property initially placed in a revocable trust, which was assertedly modified by a subsequent last will and testament leaving property to one of Maxines children, defendant Mark E. Orbea (Marcel).
In separate appeals which we ordered consolidated, Marc R. McDaniel (McDaniel), as Trustee for the Harrington Family Trust (the Trust), appeals from (1) a judgment favoring Marcel in McDaniels suit for ejectment and related counts (the civil action), (2) an order granting Marcels petition to determine the Trust was amended by a holographic will (the trust action) (Prob. Code, 17200, 17207 [order appealable]; undesignated statutory references are to the Probate Code) and (3) denial of costs. ( 15401.)

On January 12, 1996, petitioner and three other young men murdered Robert Mehringer. Graves admitted to punching Mehringer in the face three times during a fight between Mehringer and the four assailants, but the cause of Mehringers death was a stab wound (one of 27 total cutting wounds) inflicted by Jason Webber. Two days after the killing, Graves turned himself in to police, and eventually pled guilty to second degree murder, for which he received a sentence of 15 years to life.

On September 7, 2007, defendant Evan James Benevento went to a party in Chico. Defendant felt that Adam L. was being disrespectful and punched him in the face. When Cory C. and James W. tried to break up the fight, defendant pulled out a knife and stabbed Cory C. three times in the upper torso and slashed James W. twice in the face and once on the elbow. Both victims went to the hospital for their wounds. James W. suffered a permanent disfigurement from one of the lacerations to his face. The judgment is affirmed. The trial court is directed to prepare a corrected abstract of judgment reflecting 144 actual days of presentence custody credit and to forward a certified copy of the abstract to the Department of Corrections and Rehabilitation.