CA Unpub Decisions

Veronica F. (mother) appeals from an order terminating her parental rights as to Amber F., age 12, and Danielle F., age 15. She contends that the trial court failed to comply with the Indian Child Welfare Act of 1978 (25 U.S.C. 1901) (ICWA). Court affirm.

D.J. (appellant) appeals from a disposition entered after the juvenile court found true an allegation that she committed battery on a school employee. (Pen. Code, 243.6.) Her counsel on appeal has filed an opening brief that asks this court to conduct an independent review of the record as is required by People v. Wende (1979) 25 Cal.3d 436. Counsel also informed appellant that she had the right to file a supplemental brief on her own behalf. Appellant declined to file such a brief. Court conclude there are no arguable issues within the meaning of People v. Wende, supra, 25 Cal.3d 436. (See also People v. Kelly (2006) 40 Cal.4th 106.) The disposition is affirmed.

In the underlying action for breach of contract and misrepresentation by appellant Wall Street Network Ltd. (WSN), the trial court granted summary judgment in favor of respondents New York Times Company (NYT), NETexponent, Chris Kramer, Jason Lerman, and Michael Keenan, and issued an award of attorney fees to respondents. Court affirm.

Appellants Neil and Gabriele Le Sage[1] appeal following the grant of summary judgment in their action alleging injuries to Neil from exposure to the asbestos of respondent Union Carbide Corporation (Union Carbide). They argue that there was a triable issue of material fact over whether Neil was exposed to respondents asbestos. We agree and reverse summary adjudication as to three causes of action. As to summary adjudication on the two causes of action that appellants do not address on appeal, Court affirm.

In the underlying action, Wall Street Network, Ltd. (WSN), as assignee of appellant Click2Boost, Inc. (C2B), asserted claims for breach of contract and misrepresentation against respondent New York Times Company (NYT), and NYT asserted a claim for breach of contract against C2B. After the trial court granted summary judgment in respondents favor on WSNs complaint, it issued an award of attorney fees to respondents against WSN and C2B. Court affirm the award against C2B.

Christopher Blagg appeals the denial of his application for release from a state mental hospital. He argues the trial court erred in denying his motion to substitute appointed counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden), and also erred in determining that he would be a danger to the health and safety of others if placed under community supervision and treatment. Court conclude the court did not abuse its discretion in either instance, and affirm.

This case presents a novel issue: the standing of a spouse, who has waived all rights to the estate and property of her late husband, to bring a wrongful death cause of action and various other causes of action. We conclude that appellant Norma Edwards Borstein waived her right to bring any survivor causes of action when she reached a settlement agreement with her late husbands conservator and heirs. But we conclude that the trial court erred in ruling that she lacked standing to pursue her own causes of action for wrongful death, breach of contract, and intentional infliction of emotional distress. Court shall reverse the judgment on that basis.

Defendants, the City of Palmdale (the city) and the City Council of the City of Palmdale (the city council), appeal from a January 23, 2007 order denying their motion for an award of attorney fees against plaintiff, J.P. Eliopulos Enterprises, Inc. The trial court held plaintiffs inverse condemnation claim was not within the ambit of the relevant attorney fee provision. Court agree and affirm the order.

Father Jonathan S. appeals from an order of the dependency court denying visitation with his minor children, Jonathan and T. S. Court find no abuse of discretion and affirm.

Defendant and appellant, Juan Jose Gonzales, appeals from the judgment entered following his conviction, by jury trial, for attempted voluntary manslaughter, making criminal threats, dissuading a witness, corporal injury to a spouse, child abuse (2 counts), possession of a firearm by a felon and aggravated assault (3 counts), with firearm use findings (Pen. Code, 664/192, 422, 136.1, 273.5, 12021, 245, 12022.5). Sentenced to state prison for 15 years, Galan claims there was trial error. The judgment is affirmed.

This action was brought by an excess insurer alleging a primary insurers bad faith failure to accept a reasonable settlement within policy limits. Plaintiff, Topa Insurance Company, the excess insurer, appeals from a judgment after a court trial in favor of defendant, American Economy Insurance Company, the primary insurer. Court find no prejudicial error and affirm the judgment.

Jeremy B. appeals from an order continuing wardship pursuant to Welfare and Institutions Code section 602 upon a finding that he committed a second degree robbery (Pen. Code, 211). He was placed on probation in the home of his grandmother and contends the evidence is legally insufficient to support a finding that he committed second degree robbery. For reasons stated in the opinion, Court agree and reverse the order continuing wardship.

Appellant R.M. appeals from an order of the juvenile court which (1) found that return of his children to their mother, respondent J.L., did not create a substantial risk of detriment to their safety, protection or physical or emotional well-being; and (2) denied his request under Welfare and Institutions Code section 388 for primary custody. Court affirm.

Defendant, Ezekiel Jose Duran, appeals following his no contest plea to assault with a deadly weapon by means of force likely to produce great bodily injury and an ensuing order finding him in violation of a grant of probation. (Pen. Code, 245, subd. (a)(1).) Court modify the judgment and affirm.