CA Unpub Decisions

A jury convicted David Allen Keefe of one count of felony stalking (Pen. Code, 646.9, subd. (b));[1]one count of failure to obey a court order ( 166, subd. (a)(4)); and one count of misdemeanor child molesting ( 647.6, subd. (a)). Court affirm.

Plaintiff Joaquin M. appeals from the judgment of dismissal entered after the trial court granted the motion of defendants Cardinal Norberto Rivera and the Diocese of Tehuacan to quash service of process for lack of personal jurisdiction. The question presented for resolution is whether California courts may exercise personal jurisdiction over these foreign defendants in an action brought by a foreign plaintiff for injuries that occurred in a foreign jurisdiction. Court conclude they may not and affirm.

Diane Karp appeals from the judgment entered in favor of respondent, Mercury Casualty Company, following the granting of its motion for summary judgment. Respondent denied appellant's claim relating to bodily injuries that she incurred while its named insured, Lionel Rivers, drove her car. Appellant obtained a default judgment against Rivers and later filed this action against respondent for breach of contract, breach of the implied covenant of good faith and fair dealing, and declaratory relief. Respondent obtained summary judgment on the ground that appellant's claims were excluded from the policy's insuring clause. Appellant contends that the relevant exclusion is not permissible under Insurance Code section 11580.1, subdivision (c)(5); is contrary to public policy; and violates equal protection principles. Court affirm.

In this appeal, Milton Douglas Johnson challenges the denial of his motion to suppress evidence. Court find no error and affirm.

Defendant James William Campbell killed his girlfriends brother-in-law by striking him multiple times in the head and neck with an ax. A jury convicted defendant of first degree murder by means of a dangerous weapon. (Pen. Code, 187; 12022, subd. (b)(1).) The jury also determined defendant was sane at the time of the offense. The trial court sentenced defendant to state prison for 26 years to life.
Defendant appeals, raising the following claims of prejudicial error: (1) The courts instructions on murder improperly eliminated the differences between the degrees of murder and failed to inform the jury that defendants mental state defense may negate the elements of premeditation and deliberation; (2) defense counsel rendered ineffective assistance by (a) not requesting a pinpoint instruction based on defendants subjective delusion that the victim was molesting his own children, and (b) not requesting a limiting instruction on prior bad act evidence; (3) the trial court erred by limiting evidence showing defendant believed the victim was molesting his children; and (4) these errors created cumulative error requiring reversal.
Court affirm the judgment.

Amy Grant sued Waste Management, Inc. (WMI), which she believed was her employer, for sexual harassment and constructive termination. The trial court granted WMIs motion to quash service of summons. Court shall affirm the order granting the motion to quash and shall dismiss the appeal from the order denying reconsideration and the order denying leave to amend the complaint.

This is a skirmish over attorney fees after the parties settled the underlying case. Plaintiffs Glenn County Veterans Council (Veterans Council), Veterans of Foreign Wars Willows Post 1770 (VFW), American Legion Alfred J. Foster Post 34, and Bendall Allen, an officer of both the Veterans Council and VFW, filed a petition for writ of mandate alleging that defendants Glenn County and the Glenn County Board of Supervisors were unlawfully denying them priority on space and charging them for use of the Memorial Hall in Willows.[1] The petition further alleged that defendants had a clear, present, and legal duty to provide funds, maintenance, space, custodians, employees, attendants, and supplies under Military and Veterans Code section 1262 and Gridley CampNo. 104, Etc. v. Board of Supervisors (1929) 98 Cal.App. 585 (Gridley).[2] Defendants answered, countering that the Memorial Hall was a joint use building and denying that they were unlawfully limiting plaintiffs use of the facility. They also argued that defendants had dedicated newly renovated space for the exclusive use of veterans four months before plaintiffs filed their petition. The parties reached a settlement under which plaintiffs obtained much of what they sought in the writ petition.
Plaintiffs argue that the court abused its discretion by failing to consider the lodestar in calculating the attorney fee award. Defendants contend that plaintiffs were not entitled to any attorney fees because they did not meet the requirements of Section 1021.5. Alternatively, defendants accept the $20,000 as a compromise resolution that should be affirmed to avoid continued unnecessary litigation. Court affirm the order.

Following the denial of his motion to suppress evidence, a jury convicted defendant Michael Calvin Wanless of possessing methamphetamine for sale. The court found that defendant was on bail at the time of the offense, had 14 prior serious felony convictions, and had served two separate prison terms. He was sentenced to state prison for 27 years to life. On appeal, defendant contends (1) his suppression motion should have been granted, (2) the prosecutor committed prejudicial misconduct, (3) the trial court abused its discretion in refusing to strike the prior convictions for purpose of sentencing, and (4) his 27 year to life sentence is constitutionally cruel and/or unusual punishment. Court reject each claim and shall affirm the judgment.

Defendant Kevin Terry Brinckman was convicted by a jury of the second degree murder of John Alan Lafont. (Pen. Code, 187, subd. (a).)[1] The jury found true the enhancement allegations that defendant intentionally and personally discharged a firearm causing the death of Lafont within the meaning of section 12022.53, subdivision (d), and personally used a firearm within the meaning of section 12022.5, subdivision (a). The trial court sentenced defendant to state prison for an indeterminate term of 15 years to life for his murder conviction, plus a consecutive indeterminate term of 25 years to life for the section 12022.53, subdivision (d) enhancement. A three-year term for the section 12022.5, subdivision (a) enhancement was imposed, but stayed pursuant to section 654. Defendant was ordered to pay, among other things, victim restitution of $2,944, plus a 10 percent administrative fee, to the California Victim Compensation and Government Claims Board. ( 1202.4, subd. (f)(2).) Finding no merit in defendants claims, Court shall affirm the judgment.

Defendant Eugene Jeffery Gomez pled no contest to theft from an elder or dependent adult in violation of Penal Code section 368, subdivision (d).[1] In exchange for his plea, an additional charge of fraudulent use of an access card obtained without the cardholders consent was dismissed. The trial court suspended imposition of sentence and granted defendant three years probation. Among other conditions of probation, defendant was ordered to pay a $300 restitution fine pursuant to section 1202.4, subdivision (b), and an additional $300 restitution fine (effective upon revocation of probation) pursuant to section 1202.44. On appeal, defendant contends that the trial court lacked authority to impose a no-contact order prohibiting oral contact between defendant and the victim. Defendant also contends that the trial court lacked authority to impose a second restitution fine pursuant to section 1202.4 following revocation of his probation. Court agree with both contentions, and will modify the judgment to strike the no contact order and the second restitution fine.

The Sacramento County Juvenile Court found that minor J.W. was within the provisions of Welfare and Institutions Code section 602 in that he committed a lewd and lascivious act on a child under the age of 14 years. (Pen. Code, 288, subd. (a).)[1] Because the minor then resided with his mother in Butte County, the Sacramento court transferred the case there for disposition. The Butte County Juvenile Court declared the minor a ward, imposed conditions of formal probation, and placed him in the home of his mother. On appeal, the minor contends the juvenile court erred by admitting his statements to interrogating police detectives. He claims (1) he was in custody at the time of the interrogation, (2) he invoked his right to remain silent, (3) his statements to the detectives were involuntary, (4) his post-interrogation statements to his father were the tainted fruits of the prior questioning, and (5) absent his statements to the detectives, there was insufficient evidence to sustain the petition. Court affirm the judgment.

Appellant K. N., Jr., the father[1] of E. N., T. N. and K. N., III (the minors), appeals from an order of the juvenile court terminating parental rights. (Welf. & Inst. Code, 366.26, 395.)[2] Because of lack of compliance with the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. 1901, et seq.),Court reverse and remand the matter to the trial court.

On August 21, 2005, while driving with a blood alcohol content of .30 percent and with a suspended license, defendant Stanley William Barrett drove his vehicle into the passenger side of an occupied car and then fled. The passenger in the car suffered an injury to her knee.
The judgment is affirmed.

Defendant Shaunisha Williams entered a negotiated plea of no contest to second degree robbery (Pen. Code, 211), and other charges, including three additional counts of robbery, were dismissed with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754). The judgment is affirmed.