CA Unpub Decisions

Trude Lee Ash (Ash) appeals a declaratory judgment in favor of respondent Shereen McDade (McDade). The trial court ruled that the lien Ash filed against McDades judgment in an underlying action was extinguished when McDade dismissed the action and proceeded in arbitration. According to Ash, the trial court erred because the lien attached to the underlying action and remained valid because the dismissal violated Code of Civil Procedure section 708.440; California should adopt a rule that when an action is dismissed after being sent to arbitration, the lien attaches to the arbitration; and McDade was barred from obtaining a declaration in her favor by the doctrines of waiver and estoppel. Court find no error and affirm.

D.H. appeals from the trial courts order granting sole legal custody of her son B.H. to his presumed father. Because the court did not abuse its discretion, Court affirm.

Appellant R.R. (Father) appeals an order of the juvenile court adjudging minor sons R.R.1 and J.R. dependents under Welfare and Institutions Code section 300, subdivisions (b) and (d). Father contends that substantial evidence does not support the juvenile courts decision. Court affirm.

A hotel patron sued the hotel after she was injured tripping on some luggage a bellman left in a doorway in her suite. The hotel obtained summary judgment on the grounds the obstruction was not a dangerous condition, and even if it was, the danger was open and obvious. The patron contends factual disputes render the grant of summary judgment erroneous. Court agree, and reverse.

A father appeals a judgment terminating his parental rights over his daughter. He contends the juvenile court erred by refusing to apply the beneficial relationship exception to termination of parental rights. (Welf. & Inst. Code, 366.26, subd. (c)(1)(B)(i).) Court find no error, and affirm.

On January 5, 2007, at around 12:45 a.m., defendant Marcus Benjamin Knight, William Whaley, and Marcus Powell drove to the Thunder Valley Casino in Whaleys new Lexus IS-250. The car was parked in the valet section, and the three stayed at the casino for one and one-half to two hours. During his stay, defendant had four or five double shots of Jagermeister. The judgment is affirmed.

City of San Diego (the City) appeals a summary judgment in favor of Tracy L. Means, a former deputy director who managed the City's two airports, on its complaint against her for violating the City's rules and regulations pertaining to competitive bidding and the letting of contracts for consultant services. Court reverse the judgment insofar as it concerns the two causes of action under California's False Claims Act (FCA) (Gov. Code, 12650 et seq.), as there are triable issues of material fact concerning whether Means "knowingly" presented false claims to the City within the meaning of the FCA. In all other respects we affirm the judgment. As a matter of law, Means is immune under Government Code section 822.2 from liability for common law misrepresentation, and California's unfair competition law (UCL) (Bus. & Prof. Code, 17200 et seq.) and section 108 of the City's Charter are inapplicable.

Coker Equipment Co., Inc. (Coker) appeals after the superior court entered a judgment confirming an arbitration award in favor of Sun Country Builders, Inc. (Sun Country). Coker contends the court erred in confirming the award because the arbitrator exceeded his authority by modifying an interim award before issuing the final award. Court reject this contention and affirm the judgment.

Anna S. appeals a judgment terminating her parental rights to her minor children, Heaven T. and Reginald T. (minors) under Welfare and Institutions Code[1]section 366.26. Anna argues the court lacked sufficient evidence to support its findings that the beneficial parent child relationship exception of section 366.26, subdivision (c)(1)(B)(i) did not apply to preclude termination of her parental rights. Reginald T., Sr., (Father) joins in Anna's assertions. Court affirm the judgment.

Objector and appellant S.M. challenges the superior courts order granting the public conservators petition for reappointment of conservatorship over her under the Lanterman-Petris-Short Act (Welfare and Institutions Code, 5000 et seq.).[1] First, S.M. argues that substantial evidence does not support the courts determination that she was presently unable to provide herself with food, clothing and shelter, and so was gravely disabled as defined in section 5008, subdivision (h). Second, S.M. argues that substantial evidence does not support the courts determination that she is gravely disabled under the factors set forth in Conservatorship of Guerrero (1999) 69 Cal.App.4th 442 (Guerrero). Third, S.M. contends that, because California is a community property state, the court improperly shifted to her the burden to prove she had verified third party assistance for food, shelter and clothing, and thus the finding of grave disability was in error. As discussed below, Court conclude the superior court did not err, and so affirm the ruling that S.M. was gravely disabled.

Defendant and appellant Ruben Alvarez, Jr., appeals following his guilty plea to felon in possession of a firearm. (Pen. Code, 12021, subd. (a)(1).) Court affirm.

A jury convicted defendant of four sexual offenses committed against his stepdaughter, Jane Doe, when she was under 16 years of age. The court sentenced defendant to a five-year prison term, including the upper term of three years on the first count for lewd acts upon a child of 14 or 15 years of age by a person at least 10 years older and three additional consecutive sentences of eight months each. ( 288, subd. (c)(1).) Defendant challenges the three-year upper term and the consecutive sentences on the other three counts. Court reverse the sentence of three years on count 1 and remand for resentencing. Otherwise, Court affirm the judgment.

Defendant and appellant Erron Bradford Zimmerman appeals following revocation and termination of his probation. He contends the trial court erred when it relied on his poor performance on probation to justify imposing the middle term of four years for his offense of first degree residential burglary. (Pen. Code, 459.) The judgment is affirmed.

On April 10, 2007, the Tulare County District Attorney filed felony complaint No. VCF181703 in superior court charging appellant Billie Joe Marcum as follows:
Counts 1 and 2 -- assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)),[1]with personal use of a deadly and dangerous weapon ( 667, 969, subd. (f), 1192.7), two prior prison terms ( 667.5, subd. (b)), and five prior felonies affecting probation eligibility ( 1203, subd. (e)(4)). On March 13, 2008, the trial court filed a minute order amending the abstract of judgment to reflect 183 days of custody credits in case No. VCF181703 and 578 days of custody credits in case No. 116694.