California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Todd v. Rocket Mortgage CA4/2
Plaintiff and appellant Felicia Todd sued her sister and brother-in-law for fraud and elder abuse, alleging among other things, that they fraudulently induced her to take out a mortgage loan on her home. Her complaint asserted a single cause of action for
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Ten-X v. Lutsch CA4/3
* * * Plaintiff Ten-X, LLC (Ten-X) filed this action against defendants Cody Lutsch, Lemmings, LLC (Lemmings), and Fat Property, LLC (Fat Property) (collectively, Defendants). Lutsch is the sole owner of Lemmings, which owned a commercial property in Houston (the Property). Lutsc…
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Sandridge Partners v. Sullivan CA5
-ooOoo- Appellant Michael Sullivan filed this appeal after his anti-SLAPP motion was denied as moot and dismissed. Prior to the filing of a respondent’s brief, Sullivan and respondent Sandridge Partners, L.P. (Sandridge) jointly stipulated to reverse the dismissal so that the tri…
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P. v. Brown CA1/1
In these consolidated cases, defendant Shalia Tanglia Elizebeth Brown appeals from the denial of her petitions for developmental disability diversion (Pen. Code, § 1001.20 et seq.).1 Because the record indicates the trial court did not fully understand the inquiries required by t…
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P. v. Cruz CA2/6
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B349535 (Super. Ct. No. 2024006529) Plaintiff and Respondent, (Ventura County) v. JOHN DAVID CRUZ, Defendant and Appellant. Appellant John David Cruz appeals a judgme…
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P. v. Hernandez CA4/1
Patricia Hernandez was charged with one felony count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and one misdemeanor count of vandalism (§ 594, subd. (a)). Following a jury trial Hernandez was convicted of the misdemeanor and found not guilty of the assault. …
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P. v. Mosby CA1/2
A jury convicted Philip Christian Mosby of continuous sexual abuse of a child under the age of 14 (Pen. Code,1 § 288.5, subd. (a)). On appeal, Mosby argues reversal is required because the trial court erroneously removed a juror who did not appear for the first full day of delibe…
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P. v. Chavez CA2/2
Daniel Chavez was convicted of attempted premeditated murder, assault with a firearm, robbery, and three counts of assault with a semiautomatic firearm. The jury found true the allegation that he committed the attempted murder for the benefit of a criminal street gang. Prior pris…
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P. v. Purnell CA2/7
This is Capice Purnell’s second appeal from a judgment entered following his conviction for second degree robbery and possession of a firearm by a felon. In his first appeal we conditionally reversed the judgment and remanded to the trial court with directions to conduct a supple…
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P. v. Horner CA4/3
On count 3, however, Judge Paer imposed a concurrent term of 15 years to life, due to the fact Horner did not have a prior criminal record. Sentencing on count 4 raised an issue that ultimately supplied the basis for Horner’s subsequent petition for writ of habeas corpus. Both si…
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P. v. Tovar CA1/5
Raymond Tovar, Jr. (appellant), appeals from his convictions on multiple counts, including Penal Code section 288.3, subdivision (a) (count 2).1 Section 288.3, subdivision (a) provides, “Every person who contacts or communicates with a minor . . . with intent to commit an offense…
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P. v. Lock CA2/7
Mario Lock appeals from a judgment of conviction entered after a jury found him guilty of the second degree murder of Terion Reece, the boyfriend of Lock’s ex-girlfriend, and first degree residential burglary. The jury also found true the allegation Lock used a firearm in the com…
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P. v. Petty CA2/8
INTRODUCTION We find this matter appropriate for disposition by a memorandum opinion in accordance with the California Standards of Judicial Administration, section 8.1. (See People v. Garcia (2002) 97 Cal.App.4th 847, 850–855 [use of memorandum opinions].) On May 15, 2017, the P…
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P. v. Brown CA1/3
Charles Henry Brown filed this appeal after pleading guilty to unlawful possession of a weapon and controlled substances. He contends the trial court erroneously denied his motion to suppress evidence. (Pen. Code, § 1538.5; statutory references are to the Penal Code, unless other…
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P. v. Rainey CA4/2
Defendant and appellant Tyrell James Rainey appeals from an order of the San Bernardino County Superior Court denying his Penal Code section 1172.6 petition for resentencing.1 We will affirm. The Events Leading to Defendant’s Conviction
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P. v. Imperial CA5
-ooOoo- * Before Detjen, Acting P. J., Harrell, J. and Sandhu, J. Defendant Juan Luis Imperial, Sr., contends his sentence must be vacated because the trial court imposed the upper term based on aggravating factors that were not proven in accordance with Penal Code 1 section 1170…
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P. v. Vardazaryan CA5
-ooOoo- * Before Hill, P. J., Meehan, J. and Guerra, J. A jury convicted defendant Vagen Vardazaryan, a state prisoner, of assault, and the trial court sentenced him to a concurrent 90-day term in custody. Defendant’s appellate counsel makes no claim of error and requests our ind…
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P. v. Black CA4/3
* * * Defendant Amy Lynn Black was convicted of second degree implied malice murder under an aiding and abetting theory. She contends the conviction is not supported by sufficient evidence that she knew the perpetrator would commit the life-endangering act or intended to aid him …
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P. v. Waters CA6
Mark Henry Waters confronted E.B. at gunpoint, mistakenly believing that E.B. was an armed thief crossing the street to burglarize Waters’s home. Waters shot E.B. in the leg, although Waters would testify that the gun discharged accidentally, and the shooting was captured by a ne…
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P. v. Corona-Aguirre CA6
After Neftali Corona-Aguirre pleaded no contest to operating a chop shop, the trial court awarded $47,902.41 in restitution to the owner of a car that Corona-Aguirre and his codefendants disassembled. Corona-Aguirre contends that the trial court abused its discretion in using rep…