California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Campana v. East Bay Municipal Utility Dist. CA1/2
Jaynie Campana is nothing if not persistent in her efforts to have the water rates established by the East Bay Municipal Utility District (EBMUD) declared illegal. Her first effort failed when Division Four of this District concluded it was procedurally defective as time-barred. …
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Vitale v. A&B Investments, Inc. CA1/5
HG20052739) Robyn Vitale appeals from the trial court’s grant of summary judgment on his negligence claim against A&B Investments, Inc. He asserts that the trial court should not have rejected his claim that, after he was assaulted in the parking lot of a liquor store owned by A&…
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Sillman v. Newnham CA4/1
Appellants M. Kathryn Newnham, as personal representative of the estate of Dixie J. Reynolds, and Atlas Storage, LLC (Atlas) appeal a judgment following a special jury verdict on plaintiff and respondent Steven Sillman’s
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Regan v. California Highway Patrol CA2/6
, Objector and Appellant. Russell Regan filed an employment lawsuit against his former employer the California Highway Patrol (CHP). Regan served discovery requests and the Attorney General, representing the CHP, objected to producing certain documents contending they were confid…
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Palestino v. Lopez CA2/6
SILVIA GARCIA PALESTINO, 2d Civ. No. B343253 (Super. Ct. No. 19FL01063) Petitioner and Appellant, (Santa Barbara County) v. Respondent.
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P. v. Tuvalu CA4/3
Tutuila Fausia Tuvalu appeals from the postjudgment order denying his petition for resentencing after an evidentiary hearing under Penal Code section 1172.6.1 He argues substantial evidence does not support his first degree murder conviction pursuant to a felony murder theory bec…
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P. v. Perez CA2/6
Saul Perez appeals a judgment following his jury conviction for assault with a deadly weapon. (Pen. Code,1 § 245, subd. (a) (1).) The trial court found certain aggravating factors true, and sentenced Perez to three years in prison. Perez contends the trial court erred when it ins…
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P. v. Pavelko CA2/6
Brian Nicholas Pavelko appeals a judgment following his guilty plea to making criminal threats, a felony. (Pen. Code,1 § 422, subd. (a).) Pursuant to a plea bargain, the trial court would reduce the offense to a misdemeanor at sentencing. The court released Pavelko pending senten…
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P. v. Tucker CA5
-ooOoo- * Before Franson, Acting P. J., DeSantos, J. and Sandhu, J. INTRODUCTION Appellant and defendant Jonathan A. Tucker (defendant) pleaded no contest to one count of oral copulation of a person under 17 years (Pen. Code,1 § 287, subd. (b)(1)) pursuant to a negotiated disposi…
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P. v. Merino CA6
Defendant Angel Jeronimo Merino was convicted by jury of raping an unconscious woman (Pen. Code, § 261, subd. (a)(4)), and the trial court sentenced him to six years in prison. In a separate case, he pleaded no contest to assaulting a fellow inmate while in jail awaiting trial on…
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P. v. Williams CA1/1
After defendant Emmett Williams pled no contest to possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1)), the trial court denied his Romero2 motion to strike his prior strike conviction and sentenced him to 32 months in prison. Williams appeals from the court’s d…
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P. v. Hernandez CA2/6
Emigdio Hernandez, Jr., walked into a 7-Eleven, took some beer, and walked out without paying. When the store owner tried to retrieve the beer, appellant attacked him. A jury convicted appellant of robbery (Pen. Code, § 211)1 rather than the lesser offenses of theft and battery. …
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P. v. Boggs CA2/6
Bryan Lee Boggs appeals from the judgment after a jury convicted him of assault by force likely to produce great bodily injury (force-likely assault, Pen. Code,1 § 245, subd. (a)(4); count 1, felony), infliction of corporal injury on a dating partner/cohabitant (§ 273.5, subd. (a…
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P. v. Sanchez-Flores CA2/6
Juan Sanchez-Flores pleaded guilty to one count of forcible rape (Pen. Code,1 § 261, subd. (a)(2)) and admitted he inflicted great bodily injury, pregnancy, on the victim (§§ 667.61, 12022.7). The court sentenced him to 25 years to life in prison. It dismissed the remaining count…
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P. v. Gracida CA2/6
Alberto Rafael Gracida appeals after he pleaded no contest to first-degree residential burglary (Pen. Code,1 § 459; count 1), fleeing a pursuing peace officer’s motor vehicle while driving recklessly (Veh. Code, § 2800.2; count 3), and possession of a firearm by a felon (§ 29800,…
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P. v. Harris CA3
Defendant Kailin Harris appeals a judgment entered after a jury found him guilty of several offenses including murder with special circumstances and a gun enhancement. He contends the trial court erred in: (1) denying his motion to suppress evidence obtained in violation of his c…
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P. v. Velasco CA4/1
Robert Frank Velasco appeals sentencing decisions of the trial court following this court’s remand and direction that he be resentenced consistent with what are now Penal Code sections 1172.75 and 1172.1.1 Velasco contends (1) the court violated his constitutional rights by impos…
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P. v. Quintanilla CA4/1
I Felix Quintanilla appeals a judgment entered after the trial court resentenced him to 17 years in prison pursuant to Penal Code section 1172.75.1 Quintanilla argues the court erred while resentencing him because: (1) section 1385, subdivision (c)(2)(B) required the court to dis…
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P. v. Probus CA4/2
Defendant and appellant James Ramirez Probus appeals from the order of the Riverside County Superior Court denying his petition for resentencing made pursuant to Penal Code section 1172.75.1 We will reverse and remand the matter for further
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P. v. Whipple CA4/2
Defendant and appellant Lori Anne Whipple was convicted of felony murder, and after her conviction became final, she sought relief under Senate Bill No. 1437 (2017- 2018 Reg. Sess.) (Senate Bill 1437) (Stats. 2018, ch. 1015, § 3), which narrowed the