CA Unpub Decisions
California Unpublished Decisions
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Defendant appeals against convictions for second degree murder, assault with a deadly weapon, and making a criminal threat. Appellant contends certain evidence was admitted pursuant to Evidence Code section 1109 without proper notice and in violation of his federal constitutional rights. Court concluded that no prejudice arose from the lack of formal notice. Appellant also argues his sentence on the assault was improperly enhanced for his personal use of a firearm. Judgment Affirmed.
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This appeal arises out of a dispute between a landlord and a tenant over the tenant's entitlement to the exclusive use of a two car garage in a rent-controlled apartment building in Santa Monica. Following an administrative hearing the Santa Monica Rent Control Board affirmed its hearing officer's finding the entire garage went with the tenant's apartment and was included in his rent. The trial court denied the landlord's petition for a writ of administrative mandate to overturn the board's decision. Court affirms.
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A decision regarding trial court's determinations that (1) there was no substantial evidence to support a fair argument that the project may have a significant impact on aesthetics and (2) substantial evidence in the record supports City's finding that the project was consistent with the Sunset Specific Plan. Court reversed and remanded part 1, affirmed part 2.
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A decision regarding terminating parental rights.
Appellant appeal juvenile court order terminating their parental rights over their child. Father argues that he did not receive notice of the jurisdiction and disposition hearings. Mother challenges the court's order denying her Welfare and Institutions Code[1] section 388 petition for modification without a hearing and finding that the parent-child exception of section 366.26, subdivision (c)(1)(A) does not apply. Order Reversed. |
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This is a decision regarding claims for wrongful foreclosure, breach of an oral forbearance agreement, fraud, negligent misrepresentation, and intentional infliction of emotional distress. The trial court found the attorney fee clause did not relate to any of the claims asserted in the underlying action and denied the lender's request for attorney fees. Judgment affirmed.
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A criminal law decision regarding sexual assault by an adult. Plaintiff claims that the trial court erred in granting summary judgment because the City owed a duty to Plaintiff based on a special relationship, the City is liable for negligently failing to supervise, and the City owed a duty of care to protect Plaintiff while on the premises. Plaintiff failed to provide statues to enforce each claim. Judgement Affirmed.
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Defendant was convicted of rape by means of force, and one count of forcible oral copulation. On appeal, he claims that his convictions must be overturned because: his state and federal constitutional rights to a speedy trial were violated; the delay in his prosecution violated his due process rights; his Sixth Amendment right to present evidence was denied; and CALJIC No. 1.23.1 unconstitutionally shifted the burden of proof to the defendant. Court disagrees with Defendant on all counts. Judgment affirmed.
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Appellant was an unsuccessful plaintiff in this civil action against respondents, the Bank of New York, and Horizon Management Services, Inc. Respondents moved for and obtained an award of attorney fees in the amount of $65,151.50. Appellant appeals from the attorney fee award with the claim that a bankruptcy stay was in effect when respondents filed their attorney fee motion. Court found no error. Judgment Affirmed.
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Defendant pled guilty to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and was sentenced to the midterm of two years, doubled to four years pursuant to Penal Code section 667, subdivision (e)(1). Defendant's only argument is that the trial court abused its discretion when it failed to impose a mitigated term. Court found no abuse of discretion. Judgment Affirmed.
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A criminal law decision regarding (1)failing to register as a sex offender, (2) possessing child pornography, and (3) receiving stolen property. Defendant's appellate contention is a challenge to his negotiated plea which requires a certificate of probable cause. Defendant did not seek a certificate of probably cause. Therefore, Appeal dismissed.
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Defendant appeals a judgment declaring that her minor daughter is a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (a) and removing daughter from her custody under section 361, subdivision (c)(1). Appellant contends the evidence is insufficient to support the court's jurisdictional and dispositional findings. Appellant also contends the court erred by finding there were no reasonable means to protect minor without removing her from appellant's custody. Court affirm the judgment.
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After the court denied a motion to suppress evidence, defendant entered a negotiated guilty plea to sodomy of an intoxicated person (Pen. Code, § 286, subd. (i)). Appellant waived appeal from denial of the motion to suppress evidence and gave a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754.) The court sentenced him to prison for the three-year lower term. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 30(b).) Judgment affirmed.
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Defendant, appeals from a judgment entered in favor of plaintiff, following a nonjury trial. In a statement of decision, the trial court concluded that defendant breached a real estate purchase and sale agreement with respondent by failing to close escrow by January 3, 2003, on the sale to plaintiff of a newly constructed home in Winchester. Escrow closed 20 days later, on January 23, and respondent rented the home to his stepdaughter.
Court reversed the judgment in favor of respondent. |
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