CA Unpub Decisions

A jury found Sean Michael Bradley (appellant) guilty of committing lewd conduct on a child under the age of 14 years, victim A. (Pen. Code, 288, subd. (a).) Appellant was sentenced to a negotiated eight-year term in state prison. The People assert (10) that the abstract of judgment must be corrected to include all of the trial courts orders of judgment. Court affirm the judgment and order the abstract of judgment be corrected as requested.

Dr. Alfred E. Forrest (Forrest) sustained physical injuries in an automobile accident. At the time of the accident, he was working approximately 40 hours a week as an obstetrician and gynecologist (OB-GYN) in private practice and approximately 40 hours a week as Associate Medical Director of King/Drew Medical Center. After the accident, Forrest could no longer work as an OB-GYN. However, he continued to work full-time as a medical director. Forrest applied for total disability benefits under a disability income policy, which Provident Life and Accident Insurance Company (Provident) issued to him years earlier. Given Forrests ability to work full time as a medical director, Provident denied him benefits on the ground that he was not totally disabled as defined by the policy. Forrest sued Provident for breach of contract and the trial court granted summary judgment in favor of Provident. Court reverse.

Modern Mold International, Inc., and Internet Design Technologies appeal a judgment dismissing their complaint after the sustaining of a demurrer without leave to amend. They seek a refund of use taxes paid for merchandise that was assembled by a third party in Mexico, transported by truck by the third party from Mexico to a post office in California, and then deposited in the United States mail. The merchandise consists of personalized pens that were given to potential customers as complimentary gifts. The plaintiffs contend they made a gift of the merchandise upon its shipment from the facility in Mexico and that they made no taxable use of the merchandise in California. They also contend the imposition of the use tax in these circumstances constitutes a discriminatory taxation of imports in violation of the import export clause of the United States Constitution. Court conclude that the complaint adequately alleges that the plaintiffs made a gift of the merchandise in Mexico by delivering the merchandise through the third party, and that there was no taxable use in California. Court therefore reverse the judgment and need not address the constitutional issue.

Following a trial at which he represented himself, a jury convicted Israel Alexander Williamson II of assault with intent to commit a felony (count 2; Pen. Code, 220, 264.1, 288, 289), sexual battery by restraint (count 3; Pen. Code, 243.4, subd. (a)), and false imprisonment by violence (count 4; Pen. Code, 236).[1]The trial court sentenced Williamson to four years in state prison for the assault conviction and concurrent sentences of three years for the sexual battery conviction and two years for the false imprisonment conviction. Williamson, now represented on appeal by counsel, seeks reversal of his conviction on the ground the trial court erred in finding him mentally competent to waive his right to assistance of counsel. Court modify the judgment to stay execution of his conviction for sexual battery and false imprisonment under section 654 and affirm the judgment as modified.

In June 2004, appellant Darnell Thomas Martin pleaded guilty to possession of marijuana for sale. The court suspended appellants sentence and placed him on three years formal probation. As a condition of probation, he was to report to his probation officer twice a month. In late 2006, the court revoked and then reinstated appellants probation. Appellant reported to his probation officer once in January 2007. In February, appellants probation officer was absent when appellant tried to report, leading appellant to sign the departments visitor log and then leave. Appellant did not report in March, blaming his work hours for making it difficult to get to the probation departments offices, an excuse he attempted to phone in to his officer. Darnell Thomas Martin appeals from the trial courts order revoking his probation and remanding him to prison. Court affirm.

After admitting to interrogators that he had sexual intercourse with a prostitute while on duty, appellant Richard Correa received a notice of intent to terminate him from his employment as a police officer of the City of Inglewood. Correa sought a writ of mandate and an injunction to prevent the city from using any of the statements made during the interrogation at his forthcoming administrative appeal. He contended that the interrogation violated his rights under the Public Safety Officers Procedural Bill of Rights (Gov. Code, 3300-3313). The trial court denied relief and Correa filed a timely appeal. Court affirm.

On July 13, 2007, a petition filed pursuant to Welfare and Institutions Code section 602[1]alleged L.W. possessed cocaine in violation of Health and Safety Code section 11350, subdivision (a). Following a contested adjudicatory hearing during which the allegation was found to be true, L.W. was placed on probation and granted deferred entry of judgment pursuant to section 790. On January 16, 2008, the juvenile court determined the deferred entry of judgment had been improper. Accordingly, the juvenile court revoked the order deferring entry of judgment and ordered L.W. at home on probation as a ward of the court. Court reverse the order of wardship and remand the matter to the juvenile court for further proceedings.

Raymond Rudolph Beauchamp appeals from the judgment entered following his plea of no contest to possession of cocaine (Health & Saf. Code, 11350) and his admission that he previously had been convicted of a felony within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced Beauchamp to four years in prison. We remand the matter for correction of clerical error on the abstract of judgment and, in all other respects, affirm the judgment.

Appellant Martin M. (appellant), the alleged father of minor A.S. (minor) (born July 2005), appeals from the juvenile courts order denying his petition, under Welfare and Institutions Code section 388, seeking to vacate the juvenile courts prior jurisdictional and dispositional orders, and requesting presumed father status and reunification services with minor. Appellant also appeals from the order terminating parental rights.

A jury found defendant Stephon W. Newman guilty of rape and assault with force likely to produce great bodily injury. The jury also found it true that defendant engaged in acts disclosing a high degree of cruelty, viciousness, or callousness, and that he personally inflicted great bodily injury. Defendant was subsequently sentenced to seven years in state prison. Defendant makes two claims on appeal: The court erred in failing to give a Mayberry instruction; and the court erred in denying his motion to continue judgment and sentence. Court affirm the judgment.

Covenant Care of California, Inc. (Covenant) appeals from an order denying a motion to compel arbitration. (Code Civ. Proc., 1281.2, 1292.4, 1294.)[1] The trial court denied the motion, inter alia, on the ground that Covenant had waived any such right by actively participating in the litigation and failing to seek arbitration until trial was imminent. Covenant contends this ruling was erroneous. Respondents George Roland (Roland) and his children, Janice Coleman, Pamela Lighten, Darwin Roland, Charlene Young, and Sandra Drain (collectively, the Rolands) contend that the appeal of the ruling is frivolous and taken solely for delay. Finding no merit in Covenants contention of error, we shall affirm the judgment (order denying motion to compel arbitration). However, Court are not persuaded that Covenants appeal is frivolous and shall deny the Rolands motion for sanctions.

Appellant Yvonne T. Quin, acting as trustee of the Joseph Quin Family Trust, was the prevailing party in a bench trial on competing declaratory relief cross-complaints in which the court determined respondents El Cajon Grand Cocktail Lounge, Inc. and Image 2000 Multimedia, Inc. responsible for ensuring certain leased commercial premises were in compliance with the Americans with Disabilities Act (ADA). Following entry of judgment in her favor, appellant moved for $171,569.50 in attorney fees based on 605.60 hours of attorney time spent on the litigation, of which the trial court found 75 hours reasonably expended. Appellant appeals from the resulting postjudgment order awarding her $21,123.75 in attorney fees, arguing the court erred as a matter of law in analyzing her fee request and abused its discretion by arbitrarily deciding what constituted a reasonable attorney fee award. Because it is not clear the trial court relied upon proper considerations in calculating the attorney fee award and on this record we cannot infer it did so, Court remand the matter for a new determination of the amount of attorney fees to be awarded appellant's counsel.

Susan M. appeals from judgments terminating parental rights to her three youngest children. She contends the court erred when it determined the Indian Child Welfare Act (25 U.S.C. 1901 et seq.; ICWA), did not apply. Court affirm.

Following the denial of his motion to suppress evidence (Pen. Code, 1538.5), Lawrence Steven Daly entered guilty pleas to transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a)) and possession of methamphetamine for sale (Health & Saf. Code, 11378). The trial court placed Daly on formal probation for three years and ordered him to serve 240 days in jail.
Daly contends the trial court erred by denying his motion to suppress because he was illegally detained and the police officer lacked justification to conduct a pat down search of his person. Court agree in part and reverse the judgment.