CA Unpub Decisions

Victor Abraham appeals his conviction for transportation and sale of cocaine base (Health & Saf. Code, 11352, subd. (a))[1], and possession of cocaine base for sale ( 11351.5). He claims the evidence is insufficient to support the transportation and sale conviction, that the trial court erroneously denied his motion to sever his trial from that of codefendant Parks, admitted incriminatory statements by Parks in violation of People v. Aranda (1965) 63 Cal.2d 518, and Bruton v. United States (1968) 391 U.S. 123, and admitted speculative and irrelevant evidence. Alan Parks appeals his conviction for transportation and sale of cocaine base. Court appointed counsel to represent Parks who filed an opening brief raising no issues, and requesting this court to independently examine the record. (People v. Wende (1979) 25 Cal.3d 436.) Court affirm the convictions of both Abraham and Parks.

Calvin E. Burton (appellant) appeals from a judgment entered after the trial court granted directed verdicts in favor of Kathryn Icenhower (Icenhower) and Danielle Lowe erroneously sued as Danielle Icenhower (Danielle) (collectively respondents) on six of appellants causes of action, and a jury found in favor of Icenhower on the remaining cause of action. Court affirm.

A jury convicted Anthony Tautalafua of two counts of second degree robbery, with findings as to both counts that he personally used a firearm. The same jury convicted Lui Afusia of one count of second degree robbery, with a finding that a principal was armed with a firearm. (Pen. Code, 211; 12022.53, subd. (b); 12022, subd. (a)(1).) The trial court sentenced Tautalafua to state prison for 13 years. The trial court sentenced Afusia to state prison for 3 years. Tautalafua and Afusia appeal. Court affirm.

Gonzalo Martinez (Martinez) was shot and killed by City of Downey police officers after Martinez led the officers on a long and dangerous high-speed vehicle pursuit. Plaintiffs and appellants Norberto Martinez and Norma Martinez are Martinezs parents. Appellants appeal from a judgment rendered in their wrongful death case in favor of defendants and respondents, the City of Downey and two officers, William Kautz and Brian Baker. On appeal, appellants contend that the trial court erred in denying their motion for new trial based upon allegations of juror misconduct. Court affirm.

Victoria Kennedy appeals from a summary judgment granted in favor of the City of Santa Barbara (City) on her personal injury complaint. (Code Civ. Proc., 437c.) The trial court ruled that there was no basis for concluding that her injury was caused by a dangerous condition of public property because the defect alleged to have caused the injury was trivial within the meaning of Government Code sections 830 and 830.2. Court affirm.

The Housing Authority of the County of Los Angeles (Authority) leased public housing to Valentin Shustov based on his declaration that he had no income other than Social Security. When the Authority learned that Shustov was actually receiving income as an adjunct college professor, it evicted him. Shustov responded to his eviction by filing a pro se complaint against the Authority for breach of the covenant of good faith and fair dealing. The trial court granted the Authoritys motion for summary judgment. Shustov filed a timely pro se appeal. Court affirm.

Ernest Asserope appeals from the judgment (order granting probation) entered following a jury trial in which he was convicted of misdemeanor battery of a spouse and dissuading a witness from reporting a crime arising out of an incident that occurred on June 9, 2006, and making a criminal threat on August 4, 2006. He contends that the trial court committed prejudicial error in admitting evidence of a 911 call and failing to instruct on self-defense. Court affirm.

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Kristine Bunch appeals a restraining order for protection issued under the Domestic Violence Prevention Act. (DVPA; Fam. Code, 6200 et seq.) Court affirm the order.

Appellant Henry Lee Taylor Saxton appeals from a judgment entered after a jury found him guilty of count 1, first degree burglary in violation of Penal Code section 459;[1]count 2, forcible oral copulation in violation of section 288a, subdivision (c)(2); count 3, possession of a firearm by a felon, in violation of section 12021, subdivision (a)(1). The jury found true that appellant personally used a firearm as to counts 1 and 2 pursuant to sections 12022.53, subdivision (b), and 12022.5, subdivision (a). The jury found that another person was present during the burglary as to count 1. As to count 2, the jury found that appellant committed forcible oral copulation during a burglary, pursuant to section 667.61, subdivision (b). In a bifurcated proceeding, the jury found that appellant had suffered three prior prison terms under section 667.5, subdivision (b). The judgment is affirmed.

Christopher Meza appeals from the judgment entered following a jury trial in which he was convicted of making a criminal threat (Pen. Code, 422) and a bifurcated court trial in which he was found to have sustained a prior conviction within the meaning of Penal Code sections 667, subdivision (a), and 1170.12 (the Three Strikes law). Defendant was sentenced to a total term of seven years eight months in state prison. He contends that the evidence was insufficient to support his conviction and requests that this court independently review the transcript of a Pitchess hearing. Court affirm.

Plaintiff and appellant Marvin Darden appeals from an order of dismissal. Court affirm.

Jason Gulvartian (appellant) appeals from a judgment entered after the trial court granted a motion for summary judgment filed by Andy Fakhoury, Jamal Sayegh, and Hiam Sayegh (respondents) as to appellants causes of action against them for breach of contract and specific performance. Court reverse.

Plaintiff Jang Kye Choi sued defendants Rescomm Holdings No. 2, LLC ("Rescomm"), UM Capital, LLC, and United Mortgage and Loan Corp. (together, Defendants) because Rescomm demanded payment, and ultimately sued him, to collect on a defaulted promissory note which he maintained was void due to the lapse of the statute of limitations. Defendants filed an anti-SLAPP motion, contending that their threat, and commencement, of litigation to recover the debt was protected activity pursuant to Code of Civil Procedure section 425.16. The trial court agreed that Choi's complaint arose out of protected activity, but concluded that Choi had met his burden of establishing a probability of prevailing on the merits. It therefore denied the motion. Defendants appeal that ruling.

Marquis Purdue appeals from the judgment entered following a jury trial in which he was convicted of assault with a semiautomatic firearm (Pen. Code, 245, subd. (b)), with a further finding that he personally used a firearm in the commission of the offense ( 12022.5), and possession of a firearm by a convicted felon ( 12021, subd. (a)(1)). In a bifurcated court trial, he was found to have suffered prior convictions under sections 667, subdivision (a), 667.5, subdivision (b), and 1170.12 (the Three Strikes law). Defendant was sentenced to a total term of 33 years in state prison, comprised of an upper term of 9 years on the assault charge, doubled under the Three Strikes law to 18 years; an enhancement of 10 years for firearm use; and an enhancement of 5 years for a prior felony conviction. He contends that the finding of firearm use under section 12022.5 was not supported by the evidence. Court affirm and order the trial court to correct a clerical error in the abstract of judgment.