CA Unpub Decisions

Sven Fjeld-Erichsen appeals from a judgment committing him to the State Department of Mental Health (Department) as a sexually violent predator (SVP). He contends the judgment must be reversed because (1) the psychologists who evaluated him prior to a probable cause hearing used an invalid underground regulation, and (2) the statutes under which he was committed are unconstitutional. Court reject these arguments and affirm.

Raywood Mitchell appeals from a judgment of conviction and sentence imposed after a jury found him guilty of multiple crimes. His court-appointed counsel has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, in order to determine whether there is any arguable issue on appeal. Court find no arguable issue and affirm.

Anthony M. Ferras appeals, in propria persona, from an order denying his motion to set aside a settlement agreement and dismissal of action. Court dismiss the appeal.

Defendant Kenneth Jim Hankins (appellant) contends, and the People concede, that the trial court erred in imposing a second restitution fine following the revocation of his probation. Court modify the judgment accordingly and, in all other respects, affirm.

Appellant Kassandra R. (mother) is the mother of two minor children, Adriana R., born in 1998, and Elizabeth R., born in 2007. Fernando P. is Adrianas presumed father; Brian S. is Elizabeths presumed father (collectively, fathers). In July 2007, the San Mateo County Human Services Agency (Agency) filed two petitions alleging mother failed to protect her children (Welf. & Inst. Code, 300, subd. (b)). The juvenile court sustained the petitions and ordered the children to remain in

mothers care. Over the next year and a half, however, mothers ability to care for the girls deteriorated further and the girls respective fathers expressed their desire to have custody.

Joseph Guiseppe Cutrufelli (appellant) appeals from an eight-year state prison sentence he received (subject to local custody credits) after he pleaded no contest to certain charges in two cases: SCR521489 and SCR535145. Appellants counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that appellant has been notified that no issues were being raised by counsel on appeal, and that an independent review under Wende instead was being requested. Appellant was also advised of his right personally to file a supplemental brief raising any issues he chooses to bring to this courts attention. No supplemental brief has been filed by appellant personally.

Brabetz, Inc. (Brabetz) appeals from a judgment requiring it to pay damages in the amount of $140,286.23 and attorney fees to its former landlord CA-The Lakes Limited Partnership (CA-The Lakes). Brabetz contends the judgment must be reversed because the present action is barred by a prior unlawful detainer action. Court disagree and affirm the judgment.

J.L.[1](mother) and K.Y. (father), the parents of E.Y., became involved in a custody dispute after ending their marriage. Mother had physical custody of E.Y. After mother and the maternal grandmother made numerous referrals to the San Mateo County Human Services Agency (agency) that father and his family were physically and emotionally abusing E.Y. during his overnight visits with them, agency filed a petition pursuant to Welfare and Institutions Code section 300, subdivision (b),[2]alleging that father and his family were abusing E.Y. When the investigations did not provide support for the allegations but mother continued to claim E.Y. was being abused, agency filed a second amended petition, replacing subdivision (b) with subdivision (c). The allegation under subdivision (c) was that mothers conduct was causing E.Y. severe emotional injury. The juvenile court held a combined jurisdiction and disposition hearing; it found jurisdiction and placed E.Y. with his father. Mother appealed and we affirmed the judgment in our nonpublished opinion, In re Eric Y. (Apr. 16, 2008, A118628).

In response to an inquiry from the Department of Corrections and Rehabilitation (Department), the trial court clarified that at the time of the original sentencing, it had determined appellant Tyson Robinsons first degree burglary conviction to be a violent felony under Penal Code section 667.5, subdivision (c)(21). Appellant argues that the court lacked the jurisdiction to make such a finding because the judgment was already final. Court affirm.

Kory Lawrence Erland Patterson timely appeals from the superior courts denial of his petition for writ of mandate that sought an order requiring the Department of Motor Vehicles (DMV) to vacate its suspension of Pattersons drivers license. Patterson argues that he did not refuse to take a chemical test under the implied consent law when he was arrested for driving under the influence of alcohol. We conclude that Pattersons silent refusal to state whether he would submit to a breath or blood test constitutes a refusal to submit to a chemical test that may be punished under Vehicle Code section 13353. Thus, Court affirm.

Sandra L. Cavanas appeals from a judgment entered on a plea of no contest to embezzlement of an elder. Her court-appointed counsel has filed a brief raising no legal issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

Terminating sanctions were entered against Dromy International Investment Corporation (Dromy International) and Ely Dromy (collectively Dromy) for repeated failures to respond to discovery and comply with discovery orders. A judgment was entered in favor of Steve Erdman (Erdman). Dromy appeals from the judgment, arguing that the trial court erred in granting terminating sanctions against it and that Dromys due process rights were violated by the courts entry of an award of monetary damages. Dromy also appeals the trial courts denial of its motions for relief from judgment and for new trial. Erdman cross-appeals from the trial courts order granting Dromys motion to vacate the judgment and modifying the judgment. The modification reduced the award from $1,363,532.32 to $381,850.05. Court affirm.

Defendant Dominique Tanks appeals from the judgment entered following a jury trial in which he was convicted of first degree murder with firearm discharge findings. Defendant contends the trial court erred by holding an evidentiary hearing in his absence, denying his motion to exclude statements he made to the police, and refusing to let a defense surrebuttal witness testify. Court affirm.

This is the second appeal in this matter. It involves a challenge to the trial courts determination of the prevailing party, whether defendants Rodney Benn and Rodney Benn Productions, Inc. (RBP) are entitled to recover their attorneys fees pursuant to a contractual attorney fee clause and as prevailing parties in plaintiffs Civil Code section 3344 action, and whether the defendants are entitled to attorneys fees in the first appeal and in this appeal.
Plaintiff Leanne Matusek moved to dismiss this appeal because RBPs corporate powers were suspended when the notice of appeal was filed. Although RBP later obtained a certificate of revivor and reinstated its corporate powers, its corporate status has again been suspended, making the invalid notice of appeal a ground for granting the motion to dismiss. We therefore grant the motion to dismiss the appeal of RBP.