California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Fresno Building Healthy Communities v. City of Fresno CA5
No appearance for Intervener and Respondent. -ooOoo- This is the third time this dispute over Measure P, a citizen-initiated special tax approved by Fresno voters in 2018, has come before this court. Measure P received a majority of the vote—52.17 percent—but less than the two-th…
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Devone v. Morgan Stanley & Co. CA2/3
Maurice Voce was a barber by trade and a self-taught investor. From the 1980s until his death in 2012 at the age of 93, he traded stock options with Morgan Stanley & Co., LLC, primarily through John R. Privitelli, and built a $19 million fortune. Maurice left that fortune to his …
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Alcantar v. Rotondo CA2/2
Defendants and appellants Eugene Rotondo (Rotondo), Timothy Moriarty (Moriarty), James A. Wieser (Wieser), Jerome Chiaro (Chiaro), and Donalde Heckman (Heckman) (collectively, defendants) appeal from a judgment following a bench trial awarding plaintiffs and respondents Tracy Alc…
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A & Y Property Investments 26 v. Chavez CA2/8
INTRODUCTION We affirm the trial court’s decision to deduct the amount of a lost grant from the monies that the buyer owed the seller when the trial court enforced a contract in specific performance. We also hold the sellers forfeited any evidentiary challenge to the trial court’…
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S.K. v. Graham CA4/3
Plaintiff and respondent S.K. filed a petition for an elder abuse restraining order against defendant and appellant Brett Graham under Welfare and Institutions Code section 15657.03.1 Following hearings and the appointment of a guardian ad litem (GAL), the trial court found Graha…
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P. v. Solis CA1/2
Jose Juan Solis was convicted on a plea of no contest to one count of attempted robbery and placed on probation. The court reserved the issue of victim restitution and ordered restitution after a hearing several months later. Solis appealed from that restitution order. His appoin…
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P. v. Trinidad CA5
-ooOoo- * Before Levy, Acting P. J., Snauffer, J., and Harrell, J. INTRODUCTION Juan Gabriel Trinidad (appellant) pled no contest to conspiracy to possess drugs, alcohol, or drug paraphernalia in a custodial facility. (Pen. Code, §§ 182, subd. (a)(1), 4573.8.)1 He was sentenced t…
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P. v. Real CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Randy Real appeals from an order denying his Penal Code section 1172.6 petition for resentencing.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216. Real filed a supplemental brief arguing that his petition was erro…
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P. v. Jones CA4/1
Ryan Allen Jones appeals from the denial of his postconviction petition seeking resentencing under Penal Code1 section 1172.6. Jones’s appellate 1 Further statutory references are to the Penal Code. counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Del…
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P. v. Clevenger CA5
-ooOoo- INTRODUCTION Defendant Susan Diane Clevenger appeals from a judgment entered after recall and resentencing pursuant to Penal Code section 1172.6.1 She contends the court abused its discretion under section 1385 in declining to strike a sentencing allegation and sentencing…
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P. v. Garcia CA5
-ooOoo- Defendant Isaiah Elias Garcia (defendant) was convicted of second degree murder with a deadly weapon enhancement. He contends the trial court improperly took judicial notice of a witness’s identification of him as the killer at the preliminary hearing. He also argues tria…
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P. v. Oseguera CA5
-ooOoo- * Before Levy, Acting P. J., Harrell, J. and Guerra, J. Defendant Ramon Oseguera, Jr., contends on appeal that the sentence must be vacated and the matter remanded with directions to the trial court to impose the term specified in the negotiated plea agreement, or alterna…
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P. v. Misu CA6
Defendant Stefan Misu appeals from a judgment entered after conviction following a no contest plea. Appointed counsel for Misu filed a brief asking this court to review the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende…
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P. v. Finister CA2/2
Defendant and appellant Dashaun Finister (defendant) appeals from the order denying his petition for vacatur of his murder conviction and resentencing following an evidentiary hearing pursuant to Penal Code1 section 1172.6, subdivision (d). The trial court found the prosecution h…
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P. v. Gonzales CA4/3
* * * In 2012, defendant Jason Gonzales was convicted, among other counts, of first degree murder with numerous enhancements, including three firearm enhancements. (Pen. Code,1 §§ 187, subd. (a); 12022.53, subds. (b), (c), (d).) As relevant here, he was sentenced to 25 years to l…
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Murrain v. Tesla CA6
Tesla, Inc. (formerly SolarCity) demoted and terminated Fernando Murrain for poor performance following his protected leave. Murrain sued Tesla and SolarCity for protected leave interference under the California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA); as…
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Marriage of Beckerdite CA1/1
In re the Marriage of SHANNON YVETTE and DANIEL LEE SHANNON YVETTE A174577 Appellant, (San Mateo County Super. Ct. No. 22-FAM-01827-B) v.
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Marriage of Michelle N. and David N. CA6
In re the Marriage of MICHELLE and H053610 DAVID N. (Monterey County Super. Ct. No. 21FL000590) Respondent, v.
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Kedia v. County of Santa Clara CA6
THE COURT1 Respondent County of Santa Clara (County) denied in part appellant Girdhari L. Kedia’s (Kedia) request to reduce the enrolled value of a Los Altos property he purchased in 2018. Although the County partially reduced the value, the reduction was not in the full amount r…
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Hazari v. Brady CA6
CYRUS HAZARI, H052587, H052767 (Santa Clara County Plaintiff, Super. Ct. No. 16CV295730) v. Defendant and Respondent;