California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Wong v. Santa Monica-Malibu Unified School Dist. CA2/8
A jury awarded severely autistic twin brothers C.R, and C.N. (together, Plaintiffs) a total of $45 million in damages in their litigation against the Santa Monica-Malibu Unified School District (the District) and Galit Gottlieb (together, Defendants). On appeal, Defendants conten…
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Trevena v. Triller CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Plaintiff and appellant Oliver Trevena filed a complaint against defendants Triller, Inc. (Triller), Triller Hold Co LLC, Mike Lu, and Proxima Media, LLC (collectively, defendants),1 asserting fraud and breach of contract claims. Trevena alleged that …
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P. v. High CA4/1
INTRODUCTION A jury convicted Eileen High of three counts of theft of more than $950 from an elder (Pen. Code,1 § 368, subd. (d)), after she stole money from her mother’s bank account. The trial court placed her on three years formal probation. On appeal, she contends her convict…
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P. v. Wilson CA4/1
Deanthony George Wilson appeals from the trial court’s denial of his petition to recall his sentence under Penal Code section 1170, subdivision (d)(1)(A).1 That statute authorizes the filing of such a petition by a defendant who was sentenced to imprisonment for life without the …
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P. v. Carranza CA5
-ooOoo- Defendant Samuel Carranza fired a handgun multiple times at a vehicle in which the victim was a passenger, shooting the victim in the head and damaging her brain. A jury found Carranza guilty of attempted premeditated murder, assault with a semiautomatic firearm, shooting…
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P. v. Rauda CA2/7
INTRODUCTION Anthony Rauda appeals from a judgment that sentences him to 119 years to life in state prison for murder, attempted murder, and commercial burglary. Rauda first contends the trial court prejudicially erred when it denied his motion to set aside the grand jury indictm…
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P. v. Mazyck CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ MEMORANDUM OPINION1 In 2013, a jury found defendant Edgar Mazyck guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1) and forcible oral copulation (former Pen. Code, § 288a, subd. (c)(2)(A); count 2).2 As to count 1, the ju…
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P. v. Browder CA2/8
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. Finding no error, we affirm. These facts are taken from our opinion on remand. (People v. Browder (June 26, 2024, B321402 [nonpub. opn.].) On September 4, 2019, about 1:10 p.m., Timothy Phillips began backing his…
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P. v. American Surety Co. CA3
American Surety Company (American Surety) appeals from the trial court’s order denying its motion to vacate forfeiture of a bond and the court’s subsequent judgment against it. American Surety contends the court lost jurisdiction over the bond when the court failed to declare for…
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P. v. Gonzalez CA4/3
* * * Appellant Bryan Alexis Gonzalez was convicted of second degree robbery, kidnapping, second degree burglary, kidnapping to commit robbery, and dissuading a witness from reporting a crime. On appeal, Gonzalez argues the trial court abused its discretion by denying his motions…
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P. v. Flemings CA2/7
Kevin Tyrone Flemings appeals from the superior court’s order denying Flemings’s petition for a writ of error coram nobis in which he requested that the court correct a 2001 abstract of judgment to reflect that the court had imposed and stayed a one- year enhancement for a prior …
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P. v. Davis CA2/8
Robert Davis appeals from an order denying his request to reduce a nearly 27-year-old felony conviction to a misdemeanor. (See Pen. Code, § 17, subd. (b).) We affirm. In 1999, Davis pleaded guilty to one count of making terrorist threats. (Pen. Code, § 422.) Years later, in 2026,…
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P. v. McClain CA2/6
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B347291 (Super. Ct. No. 23F-02933) Plaintiff and Respondent, (San Luis Obispo County) v. CYRUS ROCKY MCCLAIN, JR., Defendant and Appellant. Appellant appeals a judgme…
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P. v. Holdman CA5
-ooOoo- The People appeal, contending that the sentence must be vacated and the matter remanded for further proceedings because the trial court abused its discretion pursuant to * Before DeSantos, Acting P. J., Harrell, J. and Guerra, J. Romero1 when it struck two of defendant Ke…
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P. v. Smith CA2/2
Defendant and appellant Robert Latrell Smith (defendant) appeals from a postconviction order denying his request for resentencing pursuant to Penal Code1 section 1172.1. For the first time in his notice of appeal, defendant contends he is also seeking resentencing pursuant to sec…
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P. v. Bell CA2/1
Defendant Charles Edward Bell appeals from the denial of his petition for resentencing under Penal Code1 section 1172.6, formerly section 1170.95. We affirm because the jury was never instructed on a now invalid murder theory and the jury found he personally used a firearm in the…
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P. v. Hernandez CA4/2
Defendant and appellant Jose Hernandez appeals the order of the San Bernardino County Superior Court denying after hearing his Penal Code1 section 290.5 petition to terminate his sex offender registration requirement. We will affirm.
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Lazard v. County of Santa Clara CA6
Zuri Lazard, a nurse, filed a putative class action lawsuit against the County of Santa Clara, her former employer, alleging that the county had failed to pay all wages (including overtime), meals, and rest periods. The trial court sustained successive demurrers, the last without…
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In re J.G. CA2/7
The father and mother in this case are biological siblings whose child is in juvenile dependency proceedings. Jesus G. (Father) appeals from the court’s order denying him family reunification services with his child, Jacob G. (born September 2024) under certain statutory bypass p…
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In re M.C. CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Brianna S. (mother) challenges a juvenile custody order awarding child M.C.’s father (C.C.) monitored visits once per month, one hour per visit. We find no abuse of discretion and affirm.