CA Unpub Decisions

Defendant has filed an appeal limited to the sentence imposed upon him after entry of a final judgment of conviction based upon his plea of no contest. Appellant’s court-appointed counsel has filed a brief raising no legal issues and asking this court to conduct an independent review of the record. Judgment Affirmed.

Defendant appeals from a judgment of conviction and sentence after he entered a plea of nolo contendere. His court-appointed counsel has filed a brief seeking the courts independent review of the record, in order to determine whether there is any arguable issue on appeal. Court found no arguable issue and affirmed.

Pursuant to a negotiated disposition, appellant entered a no contest plea to lewd act with a child under 14 years of age in violation of Penal Code section 288, subdivision (a). In exchange for the plea, the trial court indicated a sentence of “not more than three years in state prison” and dismissal of a remaining count. Appellant was sentenced in accordance with the negotiated disposition, receiving a low-term sentence of three years in state prison and dismissal of the remaining count.
The sole contention on appeal is that the trial court abused its discretion in denying appellant probation. Court found no abuse of discretion and affirmed.

Appellant who accepted a plea agreement for his role in a marijuana growth and sales operation, appeals the trial court’s denial of his motion to suppress evidence obtained under a search warrant. Appellant further contends that the court erred in imposing a parole revocation fine because imposition of his sentence was suspended. Court concluded that the warrant was supported by probable cause, but that the fine was not authorized. Court therefore modified the judgment by striking the fine and affirming.

In this appeal, appellant contends that the trial court abused its discretion in awarding respondent damages for unjust enrichment in finding that the statute of limitations periods had expired on appellant’s cross-claims for conversion and unjust enrichment. Court affirmed.

In this appeal, court determined that an English insurance brokerage firm is subject to personal jurisdiction in California. The brokerage firm purposefully interjected itself into California for a period of 50 years, transacting millions of dollars in business with 12 California insurance brokers for the purpose of obtaining insurance premiums and commissions from California clients. In particular, the English company brokered the insurance coverage that is at issue in this case, on behalf of California residents. Notions of fair play and substantial justice support the conclusion that the English company should defend its conduct with respect to the insurance policy, in California. The order granting respondent’s motion to quash is reversed.

A modification decision.

A modification decision.

A modification decision.

Plaintiff, a police officer for the City of Covina whose employment was terminated for misconduct, filed a petition for writ of administrative mandamus alleging that she was denied the protections of the Public Safety Officers Procedural Bill of Rights Act (the Act) while she was being interrogated by her supervisor. The trial court denied her petition, and she appeals. Court affirmed.

Defendant’s parental rights with respect to his daughter were terminated pursuant to section 366.26 of the Welfare and Institutions Code. Defendant appeals on the ground that the Department of Children and Family Services failed to give adequate tribal notice under the Indian Child Welfare Act. Court reversed and remanded with directions.

Defendant petitions this court for a writ of prohibition restraining his trial upon count 2 of the information currently pending against him insofar as the count alleges a felony violation of Penal Code section 594. Defendant contends the Magistrate made a binding factual finding at his preliminary hearing concerning the cost to repair a van that precludes a charge of felony vandalism of the van. Court granted the petition.

Defendant shot plaintiff outside an apartment complex. Court affirmed defendant’s convictions for attempted murder and related charges.
In this case plaintiff sued the owners and managers of the apartment complex (collectively Wilton), alleging that respondents was negligent in hiring Rodriguez as an apartment manager and security guard, and in allowing him to remain as a tenant after notice of his dangerous propensities, specifically, that Wilton knew Rodriguez had been convicted of manslaughter, and that he carried guns, used methamphetamine and threatened tenants while working for Wilton. The trial court granted Wilton’s motion for summary judgment and plaintiff timely appealed. Court reversed.

A jury convicted defendant in case No. 04F6111 of two misdemeanor counts of battery of the mother of defendant’s child; three felony counts of tampering with a utility line, inflicting corporal injury on a spouse or cohabitant, and battery with serious bodily injury; plus two misdemeanor counts of violation of a court order; and found true two great bodily injury enhancements as to counts 4 and 5. In case No. 05F1693, defendant pleaded guilty to possession for sale of methamphetamine and admitted a prior serious felony conviction allegation and that he was released on bail at the time he committed the offense.
At sentencing on the two cases, the trial court selected count 4 in case No. 04F6111 as the principal term. It imposed upper term, consecutive sentences for the corporal injury conviction and the bodily injury enhancement, citing the recency and frequency of defendant’s prior convictions as well as his substandard performance on probation and parole. In the aggregate, the court sentenced defendant to 23 years eight months in state prison. Defendant appeals, contending the trial court imposed upper terms in violation of his federal constitutional right to trial by jury. Since this contention is without merit, court affirmed.