California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Burke CA4/1
Andrew Joseph Burke was deemed mentally competent to stand trial for murder even though he planned to testify about his delusional belief that his ex-girlfriend would have been killed if he did not commit the homicides. Two years later, Burke’s attorney invited the court to revis…
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P. v. Olson CA2/1
In 1995, a jury convicted defendant of first degree murder and found true a special circumstance allegation that the murder occurred during the commission of a residential burglary and residential robbery that resulted in a person’s death. (See § 190.2, subd. (a)(17).) The jury a…
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P. v. Cooper CA2/1
Defendant Mark Cooper appeals from an order denying his petition for resentencing under Penal Code1 section 1172.6. Defendant contends the trial court’s oral ruling indicated the court applied the wrong standard of proof to his petition. Although we agree the trial court at times…
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P. v. Manown CA3
Defendant Steven Andrew Manown pleaded no contest to contacting a minor with intent to commit a sexual offense (Pen. Code, § 288.3, subd. (a)).1 Before sentencing, Manown moved to withdraw his plea, claiming that his attorney rendered constitutionally ineffective assistance of co…
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P. v. Escalante CA4/1
In the early hours of a January morning, 18-year-old Vincent Raymond Escalante and minor J.G. robbed Travis Van Skyock while he sat in his car in a parking lot. During the encounter, J.G. shot Van Skyock in the back after the victim got out of his car. Escalante fled the scene in…
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P. v. Meraz CA4/1
INTRODUCTION A jury convicted Alfonso Gonzalez Meraz of 11 sexual abuse and kidnapping offenses for acts he committed against Jane Doe when she was in elementary school. On appeal, he contends the trial court erred in failing to instruct the jury on a lesser included offense with…
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P. v. Osman CA6
Mahad Aweis Osman was convicted of first degree murder for shooting and killing Savion Hollingsworth. On appeal, Osman challenges the sufficiency of the evidence for first degree murder. He also argues the trial court erred in giving the jury an instruction on the lying-in-wait t…
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P. v. Huang CA2/1
Defendant and appellant Shane Huang challenges the superior court’s denial of his petition for resentencing under Penal Code section 1172.6.1 A jury convicted Huang of two counts of first degree murder (§ 187, subd. (a)) with a multiple- murder special circumstance (§ 190.2, subd…
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Marriage of Sarkissian and Darbinian CA2/5
****** Argam Darbinian seeks to appeal the family court’s orders (1) designating him as a vexatious litigant (Code Civ. Proc., § 391 et seq.),1 and (2) renewing a domestic violence restraining order. Because Darbinian filed untimely notices of appeal from both orders, we must dis…
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In re A.G. CA3
V.G. (mother), the mother of minor A.G., appeals the juvenile court’s findings and orders at the 12-month review hearing. Mother contends that: (1) the juvenile court violated her due process and other constitutional rights by appointing a guardian ad litem in her absence; (2) th…
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In re J.T. CA5
-ooOoo- * Before Hill, P. J., Franson, J. and Harrell, J. The parties to this juvenile dependency appeal seek a stipulated reversal of the juvenile court’s order issued at a six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e)),1 which denied A.F. (mother) and J.T.’s…
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Hunt v. Aliso Viejo Community Assn. CA4/3
* * * The trial court sustained a demurrer to cross-complainant Janeen Hunt’s complaint for a failure to accommodate her disability against cross-defendant Aliso Viejo Community Association (AVCA), which is a master association presiding over several sub-HOAs in the city of Aliso…
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Gertler v. Omni Hotels Management Corp. CA4/1
Plaintiff Julie Gertler1 injured her left knee when she slipped and fell on a wet and sloping walkway at the Omni Rancho Las Palmas Country Club (country club), a resort operated by defendants Omni Hotels Management Corporation and Omni RPL Holdings, Inc. (collectively, Omni). At…
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Cooper v. Octapharma Plasma CA2/2
Plaintiff Tawana Jean Cooper appeals the trial court’s order declaring her a vexatious litigant and prohibiting her from initiating litigation in a California court in propria persona without obtaining permission from that court’s presiding judge or justice. (See Code Civ. Proc.,…
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Zhao v. Lin CA2/1
INTRODUCTION Plaintiff Qing Zhao and her husband Chen Wang purchased a condominium together. They took title as husband and wife as joint tenants. Wang later obtained a loan from defendant Pai Sung Lin by forging Zhao’s signature on loan documents, including a deed of trust secur…
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Vasile v. FAA Beverly Hills CA2/1
In October 2018, Charles Vasile and his company, Vasile Properties Airport Plaza LLC, leased a car from FAA Beverly Hills Inc., doing business as Beverly Hills BMW (FAA). Three months later, Vasile filed suit against FAA alleging the dealership had violated the Consumers Legal Re…
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Thompson v. Goodell CA4/3
* * * This is an appeal of an attorney fees award. The trial court granted the summary judgment motion of defendants Tim Goodell and Lydia Goodell as trustee of the Tim Goodell Irrevocable Trust (collectively, defendants). The court then entered judgment in defendants’ favor (the…
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SM 10000 Property v. Pecci CA2/8
Cristina Pecci, Justin Ligeri, and Ligeri’s company, Cheyenne Brands LLC, rented a property from SM 10000 Property, LLC. Unbeknownst to Pecci, Ligeri forged Pecci’s name to a lease renewal and remained in possession of the property long after the end of the original lease term. S…
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Sedaghat v. Wernick CA2/2
Plaintiff S. David Sedaghat appeals from a judgment of dismissal after demurrer. For the reasons set forth below, we affirm. Sedaghat filed a complaint against Defendant Jonathan J. Wernick and other defendants in October 2023. His three-page complaint contained three causes of a…
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Ristau v. Likely Land & Livestock CA3
(Placer) HEATH M. RISTAU, as Special Administrator, C102399 etc., et al., Plaintiffs, Cross-defendants and Appellants, (Super. Ct. No. SCV0042799)