CA Unpub Decisions

Plaintiff Rex Reginald appeals from a judgment granted against him after motions for summary judgment were granted to defendants New Line Cinema Corporation and Robert Shaye and to defendants United Talent Agency, Inc. and Nick Stevens. Court affirm.

A modification decision.

Appellant Ryan LeBar (LeBar) challenges the dismissal of his lawsuit against respondent Cybersocket, Inc. (Cybersocket) based on inconvenient forum. After review, Court conclude that the trial court should have issued a stay rather than a dismissal, but it did not otherwise err.

After paying its insured Malibu Broadbeach, L.P. the full amount due under a property indemnity policy, a sum less than Malibu Broadbeach's total loss, State Farm General Insurance Co. (State Farm) proceeded independently against the third party tortfeasors responsible for the loss and thereafter settled its subrogation claim before its insured had been made whole by the tortfeasors. Malibu Broadbeach then sued State Farm and Bartholomew & Associates, its subrogation lawyers, alleging they had improperly impaired its rights to further recovery from the tortfeasors. The trial court sustained without leave to amend State Farm and its attorneys' demurrer to the first amended complaint. Finding no impairment to Malibu Broadbeach's rights under the circumstances presented here, Court affirm.

A jury convicted defendant and appellant William Murray of criminal threats, and the trial court sentenced him to the upper term of three years in prison. Because he was intoxicated and handcuffed when he made the threats, defendant contends on appeal that there is insufficient evidence to support his conviction and that the court should have instructed the jury on attempted criminal threats. He also contends that his upper term sentence violates his constitutional right to a jury trial. Court reject these contentions and affirm the judgment.

James McCoy was convicted by a jury of possession of marijuana for sale and sentenced by the trial court to two years in state prison. On appeal McCoy contends there is insufficient evidence to support his conviction. Court affirm.

The juvenile court sustained a petition filed pursuant to Welfare and Institutions Code section 602, declaring appellant, L.C. to be a ward of the court and ordering her home on probation. Both appellant and respondent agree that certain conditions of probation require modification and that the juvenile court should not have set a maximum term of confinement. Court concur.

A modification decision.

Defendant and appellant Marque Fricks appeals from the judgment entered following a jury trial that resulted in his convictions for second degree robbery and second degree commercial burglary. Fricks was sentenced to a prison term of 17 years, 4 months. Frickss sole contention on appeal is that imposition of consecutive sentences violated his jury trial and due process rights (Blakely v. Washington (2004) 542 U.S. 296; Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856, 166 L.Ed.2d 856].) Court affirm.

Brett Cunningham (husband) appeals from a judgment on reserved issues in the dissolution of his marriage to Sandy Hollon (wife). Husband contends that the trial court should have ordered repayment of his separate property loan to the community before it divided the community estate pursuant to Family Code section 2640;[1]that the court retroactively modified accrued temporary support in violation of section 3603; that the court erroneously determined that husband had no separate property interest in the community business; and that the trial court did not equally divide the community estate. Court affirm.

The juvenile court sustained a petition alleging that A.C. (minor) committed a lewd act upon a child in violation of Penal Code section 288, subdivision (a)[1] (count 1) and sexual battery in violation of section 243.4, subdivision (e)(1) (count 2). The juvenile court declared minor a ward under Welfare and Institutions Code section 602 and ordered him home on probation with a maximum confinement time of eight years four months. Minor appeals on the ground that the record does not support the juvenile courts finding that minor committed a violation of section 288, subdivision (a). The judgment is affirmed.

Jaime Olguin appeals from his conviction of theft of access cards, forgery, transportation and possession of a controlled substance (methamphetamine), and burglary. Olguin contends the evidence was insufficient to establish that he possessed or transported the methamphetamine, blank checks, and access cards that police found in the car Olguin was driving. He also maintains the trial court erred by denying his motion pursuant to Penal Code section 1538.5, subdivision (a)(1) to suppress the evidence found in the car. He further contends that Judicial Council of California Criminal Jury Instructions (2006) CALCRIM No. 220, which the trial court used to instruct the jury on reasonable doubt, is constitutionally deficient. COURT disagree with all three contentions and affirm.

After the trial court denied his motion to suppress evidence, Benjamin DelaCerda pleaded guilty to possession of methamphetamine. (Health & Saf. Code, 11377, subd. (a).) He appeals the judgment resulting from that plea, and claims the trial court erred in denying his suppression motion. Court affirm.

Kristen William Davis appeals from the judgment following his plea of no contest to being a gang member in possession of a loaded gun. He raises no colorable points for argument. Furthermore, he failed to obtain a certificate of probable cause entitling him to appeal from his no contest plea. (Pen. Code, 1237.5.) Accordingly, Court dismiss his appeal.