CA Unpub Decisions

Appeal arises from an agreement to convey defendants' interest in a condominium to plaintiffs. The trial court granted plaintiffs' motion for summary adjudication on their causes of action for specific performance, constructive trust, resulting trust, quiet title and declaratory relief. The trial court also granted plaintiffs' motion for summary judgment on defendants' cross-complaint for partition and accounting. Plaintiffs dismissed their remaining causes of action. Defendants appeal the ensuing judgment. Court affirm.

A modification decision with no change in judgment.

A criminal law decision regarding lewd and lascivious acts on a child under the age of 14, and one count of distribution or exhibition of lewd material to a minor. The appeal rasies no issues, but requests a review of the record as required by People v. Wende. Judgment Affirmed.

Appeal after the juvenile court sustained a petition alleging that petition comes within the provisions of §602 of the Welfare and Institutions Code in that he committed assault, and that the offense was enhanced by the infliction of great bodily injury on his victim. 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 pursuant to People v. Wende. Judgment sustaining petition affirmed.

Following 14 weeks of medical leave, appellant's at-will employment with respondent was terminated. Appellant filed suit, claiming, among other things, that the termination of her employment violated the California Family Rights Act and the Fair Employment and Housing Act. Judgment for Defendant Affirmed.

The juvenile court sustained various charges filed under Welfare and Institutions Code section 600 in connection with the alleged theft of a vehicle by appellant. All charges affirmed except possession of a burglary tool (dismissed).

Defendant appeals from a judgment entered after the court revoked his probation. At issue is whether the trial court had jurisdiction over defendant at the time it revoked probation. Court concluded that the court effectively revoked probation, and maintained jurisdiction over defendant. Therefore, court affirms the judgment.

A decision regarding an appeal from a postjudgment order that denied appellant's application for one-half of the proceeds received from the sale of the former marital residence. Appellant argues the judgment of separation so provides, and a subsequent deed transferring his interest did not modify the judgment because it was given pursuant to a void agreement to waive child support. Court disagrees and judgment affirmed.

A decision regarding an action for breach of contract. Appellant argues the evidence shows Respondant failed to perform his obligations under the contract, and as a result, Respondant was not entitled to enforce the agreement, and Appellant was entitled to rescind it. Appellant also contends Respondant's claim is barred by collateral estoppel. Judgment Affirmed.

A decision regarding trial court's denial of a motion for leave to amend to add a new defendant and a new cause of action, based on conduct occurring after the original judgment was entered. Judgment Affirmed.

The Workers' Compensation Appeals Board (the Board) ordered employer, to provide vocational rehabilitation maintenance allowance (VRMA) benefits to an injured worker, but allowed United a credit for wages Gamble earned at his concurrent employment at the Los Angeles Unified School District (the School District). Appellant asserts the Board erred in allowing such a credit and argues the credit unfairly penalizes an injured worker who must work two jobs to support himself and his dependents and amounts to a windfall to the employer as a result of the worker's diligence. Decision of Board annulled.

Respondent was charged by a single-count criminal complaint with contributing to the delinquency of a minor, a misdemeanor. Respondent pled not guilty and the matter was set for trial. Prior to the scheduled trial date, the People filed an amended single-count complaint charging Respondent with selling marijuana to a minor, a felony. Thereafter, respondent moved to dismiss the amended complaint on grounds of vindictive prosecution. The court granted the motion, and the People have appealed. Court reverse.

A criminal law decision regarding possession of methamphetamine for purposes of sale, and two drug related misdemeanors.
Appellant contends (1) the court erred in instructing the jury by allowing them to infer consciousness of guilt from attempts to suppress evidence; (2) the prosecutor committed misconduct during closing argument; and (3) if appellant’s claim of prosecutorial misconduct is barred by counsel’s failure to object, such failure violated appellant’s constitutional right to effective assistance of counsel. Judgment Affirmed.

Defendant was charged with 17 counts of child molestation, and admitted to one prior strike within the "Three Strikes" rule. On appeal, Defendant contends that the trial court abused its discretion by refusing to strike his prior conviction. Court affirms.