CA Unpub Decisions

A jury convicted appellant Samuel Hernandez of two counts of second degree robbery (counts 1 and 2), carrying a loaded, unregistered firearm (count 3), and possession of a smoking device (count 4). The jury also found true as to both robbery counts that appellant had personally used a firearm under Penal Code section 12022.53, subdivision (b). He appeals, arguing the trial court erred in instructing the jury and in the manner it imposed a firearm use enhancement. Court remand to correct a sentencing error, but otherwise affirm.

In this consolidated appeal, Rutter Hobbs & Davidoff Incorporated (RHD) appeals from orders entered in three related trust proceedings denying its petitions for payment of attorney fees and costs. Jilliene Taper Marrero (Marrero), former trustee of the Mark Taper Trusts A, C, and 1 (collectively Taper trusts or trusts) and Bessemer Trust Company of California, N.A. (Bessemer), current trustee of the Taper trusts, oppose RHDs appeal. In addition, Marrero cross-appeals from a single finding in the statement of decision issued by the probate court. Court reverse the orders denying RHDs petitions for payment, and remand for further proceedings. Marreros cross appeal is rendered moot therefore we do not address it.

Joshua R. Guggenmos appeals the judgment entered after a jury convicted him on two counts of child abuse (Pen. Code, 273a, subd. (a)). The jury also found true allegations that appellant personally inflicted great bodily injury in committing the offenses ( 12022.7, subd. (d)). He contends the trial court erred in denying probation, sentencing him to nine years in state prison. Court affirm.

James Allen Moorehead (defendant) appeals from the judgment entered upon his convictions by jury of two counts of assault with a semiautomatic firearm (Pen. Code, 245, subd. (b), counts 1 & 2),[1]as lesser included offenses of assault with a semiautomatic firearm on a peace officer ( 245, subd. (d)(2)), and one count of being a felon in possession of a firearm ( 12021, subd. (a)(1), count 3). As to counts 1 and 2, the jury found to be true the firearm-use enhancement within the meaning of section 12022.5. Defendant admitted the prior prison term allegation within the meaning of section 667.5, subdivision (b). The trial court sentenced him to an aggregate state prison term of 22 years four months. Defendant contends that (1) he was deprived of his rights to due process and to a jury trial under the California and United States Constitutions when the trial court sentenced him for an offense other than the one of which he was convicted; (2) there was insufficient evidence to support defendants convictions of assault with a semiautomatic firearm; (3) the consecutive sentences imposed under section 12022.53 were improper and must be vacated because that enhancement is inapplicable to the offenses of which defendant was convicted and the jury did not return a true finding on that enhancement; and (4) the prior prison term enhancement imposed under section 667.5, subdivision (b) must be vacated because the elements of that enhancement were not admitted, proven, or found true by the jury or the trial court.

A jury found defendant and appellant Skiler Eli Gascon guilty of four counts of second degree robbery. The trial court gave the flight instruction to the jury. Defendant contends on appeal that the court prejudicially erred by giving that instruction. Court disagree and affirm the judgment, although we modify it to correct a sentencing error.

Jesse Espinoza appeals from an order modifying child support. Jesse's failure to provide us with an adequate record requires that the factual issues he raises be resolved against him. Court affirm.

Thomas G. Dandurand appeals the order revoking his probation and ordering him to serve a two-year prison sentence following his guilty plea to inflicting corporal injury on a cohabitant. (Pen. Code,[1] 273.5, subd. (a).) He contends the trial court abused its discretion in revoking his probation. He also claims the court erred in adding penalty assessments of $960 to the domestic violence fee imposed pursuant to section 1203.097, subdivision (a)(5). We shall order both the domestic violence fee and corresponding penalty assessments stricken. Otherwise, Court affirm.

On June 14, 2007, an information was filed charging appellant Michael Rodriguez with assault with a deadly weapon on Anthony Alonso (Pen. Code, 45, subd. (a)(1)). The information further alleged that appellant had personally inflicted great bodily injury upon Alonso ( 1192.7, subd. (c)(8), 12022.7, subd. (a)). Appellant pleaded not guilty to the charge and denied the special allegation. Trial was by jury. On February 22, 2008, the jury found appellant guilty as charged, and found the special allegation to be true. The trial court sentenced appellant to six years in prison.

Defendants and appellants Angela Bertolino and Carla Lewis (collectively, defendants) appeal from the trial courts orders compelling them to provide plaintiffs and respondents Jon Manzanares and Nancy Gutierrez (plaintiffs) with information and documents supporting their defense to plaintiffs claim for an equitable easement and denying defendants motion for a protective order. Defendants and their attorneys both appeal from the trial courts order imposing monetary sanctions against them, jointly and severally. We affirm the trial courts orders granting the motions to compel and denying the motion for protective order. Court reverse the sanctions order in part and modify that order to reflect that sanctions are imposed only against defendants and not their attorneys.

In June 2004, Michael Robert Burns was charged by complaint with evading an officer with willful disregard (count 1, Veh. Code, 2800.2, subd. (a)); assault with a deadly weapon (count 2, Pen. Code, 245, subd. (a)(1));[1] three misdemeanors: resisting a police officer (count 3, 148, subd. (a)(1)); giving false information to a police officer (count 4, 148.9, subd. (a)); and driving with a suspended license (count 5, Veh. Code, 14601.1, subd. (a)). It was also alleged that he had served a prior prison term. ( 667.5, subd. (b).) Appellant entered a no contest plea to count 1. Two weeks later, he filed a motion to withdraw his no contest plea, which was granted.

Scott Jacoby appeals from an entry of summary judgment against him. In an interpleader action initiated by Washington Mutual Bank (Washington Mutual), defendants Jacoby and State Farm General Insurance Company (State Farm) both claim an entitlement to excess funds Washington Mutual received in satisfaction of a promissory note secured by a deed of trust it held. Both defendants filed motions for summary judgment. The trial court denied Jacobys motion and granted summary judgment to State Farm. Court affirm the judgment.

After the trial court denied his motion to suppress evidence recovered during the execution of a search warrant, Victor Flores pled no contest to one count of possession of cocaine for sale. The trial court thereafter suspended imposition of sentence, and placed Flores on formal probation, on the condition that he serve 180 days in jail. Court affirm.

Defendant and appellant Manuel Gurrola (Gurrola), in propria persona, appeals an order dismissing his first amended complaint against defendant and respondent City of Los Angeles (the City) following the sustaining of the Citys demurrer without leave to amend. Court conclude the first cause of action, inverse condemnation, is not demurrable on statute of limitations grounds. The alleged taking was not appreciable until March 2007, when the City determined not to repair the gully on his property due to excessive cost. Gurrola then had three years to file suit. (Code Civ. Proc., 338, subd. (j).) Therefore, with respect to the first cause of action, Gurrola is entitled to leave to amend. Therefore, the order of dismissal is reversed in part and affirmed in part.

Harold W. Cook appeals from the judgment entered following the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5 and his no contest plea to unlawful possession of a controlled substance. (Health & Saf. Code, 11350, subd. (a).) Pursuant to his negotiated plea, he was sentenced to prison for the low term of 16 months and three counts of selling or transporting a controlled substance (Health & Saf. Code, 11352, subd. (a)) were dismissed. He was given credit for 547 days.