CA Unpub Decisions

Based on conduct with the daughter of a housemate, Robert Lara Morales was convicted on one count of lewd act upon a child under the age of 14 years (Pen. Code, 288, subd. (a)) and one count of continuous sexual abuse of a child under the age of 14 years (Pen. Code, 288.5, subd. (a)). According to the trial evidence, Jennifer G., then 13 years old and a special needs student, lived in Inglewood with her family. Morales, a friend of Jennifer G.s uncle, also lived with them; he slept on the living room couch. From February through June 2005, Morales sexually molested Jennifer G. on seven or eight occasions when her parents were away.
The sentence is corrected to show the imposition of the 12-year middle term for the continuous sexual abuse conviction (Pen. Code, 288.5, subd. (a)) (count 2) and a concurrent term of six years for the lewd act conviction (Pen. Code, 288, subd. (a)) (count 1). As modified the judgment is affirmed. The clerk of the superior court is to prepare an amended abstract of judgment reflecting the corrected sentence and to forward it to the Department of Corrections.

Minors Eddie Castaneda and Kenneth Pojoy appeal through their guardians ad litem from summary judgment in favor of defendants in this personal injury action arising from separate altercations on the grounds of Morningside High School in Inglewood. Court affirm the judgment because there is no triable issue of material fact as to causation.

Miguel Angel Tejeda pointed a gun at two men and fired six times. A bullet hit one man in the thigh. The People charged Tejeda with two counts of attempted premeditated murder. The jury convicted Tejeda of the lesser crime of attempted voluntary manslaughter. The jury also found true the special allegation he personally used a firearm to commit the offenses. Tejeda contends the trial court should have instructed the jury on assault with a deadly weapon as either a lesser included or a lesser related offense of attempted murder. Court find no error, and affirm.

Mark Antonio Williams appeals the judgment following his conviction for first degree residential burglary. (Pen. Code, 459.)[1] He admitted a prior serious felony conviction pursuant to section 667, subdivision (a)(1) and the three strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and was sentenced to 13 years in prison. The sentence consisted of the four-year midterm for burglary, doubled as a second strike, and five years for the section 667, subdivision (a)(1) enhancement. Williams claims there was insufficient evidence to support the conviction. Court affirm.

Appellant Greene Trio Music, LLC (Greene Trio) appeals from the trial courts grant of summary judgment in favor of Respondent Randall Jackson (Jackson). In its complaint, Greene Trio asserted a single cause of action against Jackson, one of its founding members, for breach of fiduciary duty. The complaint alleged that Jackson breached his fiduciary duty by conspiring with a songwriter under contract with Greene Trio to transfer certain music publishing rights to a third party through secret dealings with the songwriter and others. The trial court granted summary judgment on two grounds. First, the court ruled that, because the gravamen of the action was constructive fraud, it was barred by the three-year statute of limitations governing fraud claims. Second, the court ruled that Greene Trio could not prove that it sustained any recoverable damages as a result of Jacksons alleged conduct. Court conclude that, although labeled a claim for breach of fiduciary duty, the gravamen of Greene Trios complaint against Jackson stated a cause of action for constructive fraud. The action thus was barred by the three-year limitations period set forth in Code of Civil Procedure section 338, subdivision (d). On that basis, Court affirm.

Appellants Anil Sagar, Deepak Sagar, and Jimmy Colabawalla appeal from a judgment entered in favor of Hitesh Patel following binding arbitration. Appellants argue the arbitrator exceeded his powers by awarding Patel attorneys fees. Court conclude that the arbitrators powers included deciding whether Patel was entitled to attorneys fees, which he sought in his cross-complaint. The parties agreement to submit the matter to binding arbitration expressly provided for arbitration of the entire dispute between the parties, without limitation. Even if the arbitrator made an error of fact or law, his decision to award attorneys fees was within his powers and is not subject to judicial review.

Darius T. appeals from the order continuing wardship pursuant to Welfare and Institutions Code section 602 following the denial of his motion to suppress evidence and his admission that he possessed cocaine for sale in violation of Health and Safety Code section 11351. Pursuant to the terms of his negotiated plea, the allegation that he possessed marijuana in violation of Health and Safety Code section 11357, subdivision (b) was dismissed and appellant was placed in the short term camp community placement program. He contends the juvenile court erred in denying his motion to suppress because there was no probable cause to arrest based upon the totality of the circumstances. For reasons stated in the opinion Court find the search of appellant incident to a lawful arrest and affirm the order continuing wardship.

James Robinson appeals from the judgment entered following his no contest plea to assault with a deadly weapon, a stick, (Pen. Code, 245, subd. (a)(1)) and his admission that he previously was convicted of a serious or violent felony within the meaning of the Three Strikes law. (Pen. Code, 667, subd. (b)-(i) and 1170.12, subd. (a)-(d).) Pursuant to the negotiated plea, he was sentenced to prison for six years, consisting of the middle term of three years, doubled by reason of the Three Strikes law. A second count of assault with a deadly weapon was dismissed as were allegations of prior serious felonies (Pen. Code, 667, subd. (a)(1)), prior prison terms (Pen. Code, 667.5, subd. (b)) and additional strikes. Appellant requested but was denied a certificate of probable cause. The judgment is affirmed.

This is a fathers appeal from jurisdictional and dispositional orders declaring his children dependents of the juvenile court. (Welf. & Inst. Code, 300.) Court affirm.

Christopher Lee Ventura was on probation for resisting a peace officer (Pen. Code, 69) when he left the scene of an accident that resulted in the death of the victim. (Veh. Code, 20001, subd. (a).) Ventura pled guilty to leaving the scene of an accident that resulted in death, and he was found in violation of his probation as a result. The trial court sentenced Ventura to four years for leaving the scene and a consecutive eight months for violating his probation.
On appeal, Ventura contends the trial court abused its discretion in denying his request for probation. Court affirm.

Christopher Rocha appeals from the postjudgment order revoking probation and the judgment executing a previously stayed three year state prison sentence. The judgment and order are affirmed.

A modification decision.

Defendants Roosevelt Heng, Kevin Anthony Morris, and Tiante Dion Scott committed a brutal home invasion robbery cut short by their own ineptitude. In their primary contention, they disclaim responsibility for their robbery convictions as related to two of their four victims. Court reject these meritless claims.

Defendant Armando Gomez appeals from his convictions on one count of burglary and one count of petty theft with a prior conviction, arising out of an incident in which he took a cellular telephone and a cellular telephone battery charger from a Target store without paying for the items. The judgment of the trial court is affirmed.