CA Unpub Decisions

We issued a writ of review to consider whether the Workers' Compensation Appeals Board (Board) erred by denying a petition to transfer venue to Santa Barbara County as requested by the employer's insurer, State Compensation Insurance Fund (SCIF). Court concluded that Labor Code section 5501.5, subdivision (c) mandates that venue be changed from San Luis Obispo County to Santa Barbara County.
The order denying removal is annulled. Board is directed to set aside and vacate its previous order and enter a new order granting the petition for removal to Santa Barbara County.

Appellants appeal a judgment of the juvenile court declaring that their son is adoptable and terminating their parental rights. They also appeal an order denying appellant's modification petition filed pursuant to section 388.
Court reversed the judgment terminating parental rights and remand for the limited determination whether the Indian Child Welfare Act ("ICWA") applies. Court affirmed the order denying the modification petition.

In successive confrontations, defendants participated in the shootings of Anthony Ciancio and Michael Fielding. Convicted by jury of attempted murder with gang and firearm use enhancements, defendants appeal. They contend the prosecution used peremptory jury challenges improperly, there was insufficient evidence to support their convictions and enhancements, and the court improperly denied defendant’s motion to suppress evidence. Court affirmed.

Minor, a ward of the juvenile court based upon prior sustained petitions charging arson and battery, admitted violating his probation, and was ordered placed in a group home. Defendant appeals requesting that the court independently review the record. Court found no arguable error that would result in a disposition more favorable to the minor. The judgment is affirmed.

A jury convicted defendant of three counts of corporal injury to a child and one count of willful harm to a child as the result of defendant’s physical assault upon her stepdaughter. The jury also found that defendant inflicted great bodily injury in the commission of counts two and three, and that defendant used a deadly or dangerous weapon in the commission of count four. Jury was unable to reach a verdict on the charge that defendant tortured minor within the meaning of section 206.
Defendant was sentenced to an aggregate term of 16 years and 4 months in state prison. On appeal, she challenges the sufficiency of the evidence and raises various sentencing errors. Court affirmed the judgment.

In November 1999, defendant pled no contest to one count of child molestation and he was placed on probation for four years. In September 2005, defendant filed a motion to reduce the child molestation offense to a misdemeanor and to dismiss the charge. The motion was denied. Defendant appeals requesting that the court independently review the record. The order denying the motion is affirmed.

Defendant appeals following his conviction by jury of one count of solicitation for murder and one count of solicitation for robbery. Sentenced to nine years in state prison (the upper term on count 1, with sentence on count 2 stayed), defendant contends he should have received the midterm rather than the upper term because he was a first offender. Court affirmed.

A jury found defendant guilty of three counts of robbery and found two firearm enhancement allegations true. Defendant timely appealed, contending the trial court erred in denying his pretrial motion to suppress his statement to the police because: 1) the statement was not voluntary; and 2) the interrogation began before he was given Miranda warnings. After reviewing the record and the interrogation videotape, the court concluded that the trial court properly denied defendant’s motion. Accordingly, court affirmed the judgment.

Appellant, the mother of the minor, appeals from the juvenile court’s orders adjudging the minor a dependent child of the court and removing the minor from parental custody. Appellant contends the allegations contained in the petition are insufficient to provide a basis for juvenile court jurisdiction. Appellant also challenges the sufficiency of the evidence to support the court’s jurisdictional findings and dispositional order of removal. For the reasons that follow, court affirmed the orders.

In this juvenile delinquency case, the minor admitted an allegation that he possessed rock cocaine. Minor appeals, contending the juvenile court erroneously denied his motion to suppress because police officers conducted an unreasonable search and seizure. Court affirmed the judgment.

After defendant pled guilty to abuse on a cohabitant, the court placed him on probation for three years, ordered him to serve 365 days in jail and assessed various fees and fines, including $420 in attorney’s fees. On appeal, he contends the trial court erred by assessing attorney’s fees without a finding of present ability to pay. Defendant also contends, and the People concede, that the trial court erred by failing to include credit for good behavior in its calculation of presentence credits.
Court remanded for a further hearing with respect to defendant’s present ability to pay attorney’s fees. Court accepted the People’s concession as to presentence credit and directed the trial court to modify the judgment accordingly.

Defendant pled no contest to conspiracy to commit first degree robbery and admitted personal use of a firearm within the meaning of Penal Code section 12022.53, subdivision (b). In exchange, the People agreed to a maximum sentencing exposure or “lid” of 16 years and to dismiss the remaining charges and enhancements. At the time of the plea, the trial court explained and defendant confirmed he understood that he was ineligible for probation as a result of his plea.
On appeal, defendant contends the trial court erred in determining he was absolutely ineligible for probation because no legal basis exists for such a proposition. Court concluded that a determination on the merits of defendant’s claim would be improper because he failed to obtain a certificate of probable cause. Accordingly, court dismissed the appeal.

A prisoner at Calipatria State Prison, appeals from a judgment dismissing his civil rights claim after the trial court sustained a demurrer without leave to amend. Appellant sued respondent based on Dr. Torchia's failure to treat Cooper for an infection he suffered in February 2004. Court held appellant failed to allege facts showing Dr. Torchia was deliberately indifferent to appellant's need for treatment so as to support a section 1983 claim. Accordingly, court affirmed the judgment.

The City of San Diego (City) filed a petition seeking forfeiture of Bradley Noel's firearm, alleging the return of the firearm would likely result in endangering Noel or others. The court found the City proved this allegation and granted the petition.
On appeal, appellant challenges the sufficiency of the evidence to support the court's finding that returning his firearm would likely result in danger to himself or others. Appellant also contends the court failed to apply the correct legal standard. Court rejected these contentions and affirmed the order.