CA Unpub Decisions

Plaintiff and appellant Jonathan Smith (Smith) purports to appeal an order sustaining without leave demurrers to his first amended complaint interposed by defendants and respondents Mrs. Goochs Natural Foods Market, Inc. doing business as Whole Foods Market (Whole Foods), Dave Vanderwier (Vanderwier) and David Gonzalez (Gonzalez). The essential issue presented in this employment discrimination action is whether the complaint, or any part of it, is well pled.
Based on the allegations of the first amended complaint, as well as the additional proposed allegations presented to this court, we conclude Smith is capable of perfecting all six causes of action in an amended pleading. Therefore, the trial courts order shall be vacated with directions to enter an order granting Smith leave to file a second amended complaint.

Jerry Milton Huff appeals from the judgments entered following his conviction by jury on count 1 - possession of cocaine base for sale (Health & Saf. Code, 11351.5; case No. VA094660) with a court finding that he suffered a prior felony conviction (Pen. Code, 667, subd. (a)), and following his plea of no contest to evading an officer with willful disregard (Veh. Code, 2800.2, subd. (a); case No. BA299857) with an admission that he suffered a prior felony conviction (Pen. Code, 667, subd. (a)). The court sentenced him to prison for 10 years. Appellant claims the trial court committed sentencing error in case No. VA094660. Court affirm the judgments.

In this appeal we are called upon to determine whether an arbitration agreement between appellant White Memorial Medical Center (White Memorial) and respondent Patricia LeBlanc (LeBlanc) is procedurally and substantively unconscionable, and whether it otherwise violates public policy in light of Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83 (Armendariz). White Memorial has appealed the denial of its petition to compel arbitration of LeBlancs claims for breach of contract, breach of implied in fact contract, sexual harassment, retaliation, intentional infliction of emotional distress, and wrongful termination in violation of public policy. Court find no error and affirm.

A jury convicted defendant Herbert Ticas of carjacking, robbery, assault with a firearm, and criminal threats (respectively, Pen. Code, 215, subd. (a), 211, 245, subd. (a)(2), and 422). The jury additionally found that in the carjacking and robbery he personally used a firearm within the meaning of section 12022.53, subdivision (b), and that in the assault with a firearm and criminal threats he did so within the meaning of section 12022.5, subdivision (a). After finding not true the allegation that defendant had suffered a prior strike conviction, the court sentenced defendant to a state prison sentence of 25 years, 8 months: the upper term of 9 years for the carjacking conviction, plus 10 years for the firearm use on that count; a consecutive term of 4 years, 4 months for the robbery conviction; and a consecutive term of 2 years, 4 months for the assault with a firearm. For the criminal threats conviction, the court imposed 2 years, which it stayed under section 654. The judgment is affirmed.

Peter Hoffman appeals from the trial courts nunc pro tunc order stating the amount of interest he owes on an arbitration award to Jonesfilm. Court affirm.

Defendant, Jose Jesus Perez, appeals from his conviction for felony driving under the influence of alcohol. (Veh. Code, 23152, subd. (a), 23550.) Defendant admitted that he was previously convicted of three violations of Vehicle Code section 23152, subdivision (b) and once of violating Vehicle Code section 23152, subdivision (a). Defendant further admitted that he had previously served a prison term. (Pen. Code, 667.5, subd. (b).) The trial court found that defendant was a habitual driving under the influence offender. (Veh. Code, 23550, subd. (b).) Defendant argues that the trial court improperly imposed the upper term and used the same facts to designate the crime as a felony and impose the upper term. Defendant also argues he was denied effective assistance of counsel. The Attorney General argues that additional fines and penalties should have been imposed. Court affirm but order the imposition of a mandatory fine, penalty assessments, the state surcharge, and the state court construction penalty.

Plaintiff Sayom Sey appeals from judgment granted in favor of defendants Mohammad Razavi (Razavi) and The Bell Gardens Bicycle Club (the casino), in this action for sexual harassment in violation of the California Fair Employment and Housing Act (FEHA, Gov. Code, 12900 et seq.). Court conclude after an independent review of the matter that triable issues of material fact remain in dispute as to the cause of action for sexual harassment based on a hostile work environment. Court reverse the judgment as to that cause of action alone, and otherwise affirm.

Defendant Donyea Fambro, who represented himself in the trial court, was convicted in a non-jury trial of one count of sale of a controlled substance (Health & Saf. Code, 11352, subd. (a)).[1] The trial court found true the allegations that defendant had suffered a prior strike conviction (Pen. Code, 667, subds. (b) through (i), 1170.12, subds. (a) through (d)), two prior drug convictions (Health & Saf. Code, 11370.2. subd. (a)), and four prior prison terms (Pen. Code, 667.5, subd. (b)). The trial court sentenced defendant to the middle term of four years, doubled to eight years as a result of the prior strike. The court stayed the terms on the prior drug convictions and prison terms. Defendant appeals, contending: (1) the evidence is insufficient to prove that he aided an abetted the sale of cocaine base; (2) the trial court erred in not striking his prior strike conviction; and (3) the terms on the prior drug convictions and prison terms must be stricken, not stayed. We modify the judgment to strike the terms for the prior prison terms and prior narcotics convictions. Otherwise, Court affirm the judgment.

On January 11, 1995, appellant Reginald Nelson Craig was sentenced to concurrent terms of 25 years to life in state prison. The sentence was imposed pursuant to a plea bargain, in which additional counts and allegations were dismissed.
Our independent review of the record reveals no arguable issues on appeal. (Smith v. Robbins (2000) 528 U.S. 259, 278-284.) The judgment is affirmed.

Four employees of a petroleum transportation company sought to bring a wage and hour class action against their employer, alleging: (1) the failure to pay overtime; (2) the requirement of off-the-clock work; (3) the failure to provide meal and rest breaks; (4) the incorrect calculation of vacation pay; and (5) the failure to pay pro rata vacation pay upon termination of employment. The plaintiffs filed a motion for class certification. The trial court granted the motion in part, certifying only a class with respect to the claim for failure to pay vacation pay upon termination of employment. In all other respects, the motion was denied. Plaintiffs sought review by means of a petition for writ of mandate. Court issued an order to show cause why relief should not be granted and stayed further proceedings. Court now conclude the trial court erred in failing to certify a class with respect to the overtime pay and vacation pay claims. We therefore grant the writ petition and direct the trial court to vacate its order, and enter a new and different order granting certification of a class with respect to those claims.

A jury convicted defendant Marlon L. Roberson of second degree robbery. Finding that defendant had served two prior prison terms, the trial court sentenced him to an aggregate term of five years in state prison. On appeal, defendant contends the trial court prejudicially erred by letting the prosecution introduce evidence of defendants prior acts to prove his identity as the person who committed the robbery. Court affirm the judgment.

Defendant Anousone Phongviseth pleaded guilty to first degree murder (Pen. Code, 187, subd. (a); further statutory references are to the Penal Code) with an enhancement for personally discharging a firearm. ( 12022.53, subd. (d).) Pursuant to a plea agreement, a special circumstance allegation was dismissed and defendant was sentenced to state prison for a term of 50 years to life. Defendant appeals, contending the trial court did not properly respond to a letter from him seeking to withdraw his plea. Because defendant has not obtained a certificate of probably cause ( 1237.5), Court dismiss the appeal.

Defendant Anousone Phongviseth pleaded guilty to first degree murder (Pen. Code, 187, subd. (a); further statutory references are to the Penal Code) with an enhancement for personally discharging a firearm. ( 12022.53, subd. (d).) Pursuant to a plea agreement, a special circumstance allegation was dismissed and defendant was sentenced to state prison for a term of 50 years to life. Defendant appeals, contending the trial court did not properly respond to a letter from him seeking to withdraw his plea. Because defendant has not obtained a certificate of probably cause ( 1237.5), Court dismiss the appeal.

Ruben M. Robles appeals from a family court judgment dissolving his marriage to Carla Robles, dividing the parties assets and debts, and awarding custody of their two children to Carla.
For the reasons that follow, Court affirm the judgment.