California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Martinez CA4/3
” The test is whether the physical force used was “‘substantially different from or substantially in excess of that required for the lewd act.’” (People v. Babcock (1993) 14 Cal.App.4th 383, 385 (Babcock).) “‘[A]n act is forcible if force facilitated the act rather than being mer…
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P. v. Carothers CA6
Defendant Forest Barton Carothers appeals from a judgment entered after he pleaded no contest to various charges related to driving under the influence (DUI). Appointed counsel for Carothers filed an opening brief which provides the procedural and factual background of the case b…
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P. v. Zamudio CA6
Wilson, J. H053910 The People v. Zamudio
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Khedr v. Superior Court CA1/5
VICTOR KHEDR et al., Petitioners, v. THE SUPERIOR COURT OF SAN A173872 Respondent; (San Mateo County BROADMOOR POLICE Super. Ct. No. 21CIV03905) PROTECTION DISTRICT et al., Real Parties in Interest.
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In re A.V. CA2/1
Appellant-mother D.H. contends the juvenile court erred in issuing its jurisdictional and dispositional orders because it did so without first determining whether it had jurisdiction over her daughter A.V. (born June 2020) under the Uniform Child Custody Jurisdiction and Enforcem…
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In re Dennis M. CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Dennis M., Jr. (father) appeals from a juvenile dependency disposition order, urging that the juvenile court erred by denying him reunification services pursuant to Welfare and Institutions Code1 section 361.5, subdivision (b)(12) (section 361.5(b)(12…
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In re McCowen CA4/2
INTRODUCTION Petitioner Marcil McCowen was convicted of first degree murder (Pen. Code,1 § 187, subd.(a)) in 2001 and was sentenced to a term of 50 years to life in prison. His
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In re G.C. CA4/2
Defendant and appellant G.C., who was born in August 2007 and who has been charged with several criminal offenses committed in August 2024, appeals the granting of the People’s Welfare and Institutions Code section 707 petition transferring him from the
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In re R.S. CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. Appellant N.P. (mother) is the mother of R.S., G.S., and A.S. (collectively, the children), who are the subjects of this dependency case. Mother challenges the juvenile court’s order issued at a Welfare and Inst…
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In re A.J. CA1/2
In May 2023, the Humboldt County Department of Health and Human Services (department) filed juvenile dependency petitions with respect to four children of appellant C.J. (mother), alleging that the children were at risk of harm because of ongoing domestic violence between mother …
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Gonzalez v. Washington CA4/1
Luis Gonzalez sued Jessie Washington for injuries he suffered when he fell from Washington’s roof while painting her home. Gonzalez proceeded with the theory that Washington was his employer because he, and the contractor for whom he worked, were both unlicensed. The trial court …
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Boisot v. Logan CA4/1
Saskia Boisot and Sharon Logan filed requests for restraining orders against each other based on online harassment. The trial court granted Boisot’s request but denied Logan’s. Logan appealed, arguing the trial court was biased and failed to disqualify itself. Logan also challeng…
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Trendy Textiles v. Harkham CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Defendant and appellant David Harkham challenges the denial of his motion to vacate a renewal of judgment pursuant to Code of Civil Procedure section 683.170, subdivision (a).1 In 2010, plaintiff and respondent Trendy Textiles, Inc. filed suit against…
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Toma v. Superior Court CA4/1
INTRODUCTION Deen Toma sought to have his criminal case diverted pursuant to Penal Code1 section 1001.36 so he could seek treatment for several diagnosed mental health disorders. The trial court found he met all eligibility and suitability prerequisites for mental health diversio…
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Thottam v. Edgar CA2/4
Phoenix Thottam appeals from the trial court’s order granting cross-defendant Carly Edgar’s motion to strike his cross- complaint pursuant to the anti-SLAPP statute, Code of Civil Procedure section 425.16.1 We affirm and remand the case to the trial court to consider Edgar’s requ…
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The Colony at Cal. Oaks etc. v. Majestic Asset Management CA4/1
Majestic Asset Management, LLC (Majestic), and its members, Jen and Hai Huang, own and operate a golf course within a community of many single-family homes governed by The Colony at California Oaks Homeowners Association (the Association). During the pendency of a prior case the …
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Sundholm v. Hollywood Foreign Press Assn. CA2/7
Magnus Sundholm appeals from the judgments of dismissal entered after the trial court sustained without leave to amend the demurrer of the Hollywood Foreign Press Association (HFPA) and 14 members of the HFPA’s board of directors to Sundholm’s amended complaint for breach of cont…
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Shifrin v. Strata Equity Global CA4/1
Defendant and appellant Strata Equity Global, Inc. (Strata), the former employer of plaintiff and respondent Justin Shifrin, appeals a judgment denying its motion to vacate an arbitration award and confirming that award in Shifrin’s favor on Shifrin’s claims against it for breach…
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P. v. Urbina-Martinez CA4/3
Defendant Armando Andrei Urbina-Martinez appeals from his conviction for second degree murder on two grounds. First, he contends there was insufficient evidence of either express or implied malice; the evidence instead showed he acted in self-defense. Second, he asserts the jury …
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P. v. Jaquez CA6
As explained below, we accept the concession that the trial court erred in denying resentencing because of Jaquez’s plea agreement and because Section 1170(d) authorizes resentencing for de facto LWOP sentences regardless of the availability of youthful offender parole. However, …