California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Seaberg v. Specific Properties CA5
-ooOoo- This appeal arises from a complaint that appellant Jeffrey Seaberg filed against respondent Specific Properties, LLC (Specific Properties). Seaberg claimed that a part owner of Specific Properties, respondent John Foggy, received excess distributions from Specific Propert…
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Rouse v. Stanford Health Care CA6
Cheryl Rouse filed this action for medical malpractice against defendants Stanford Health Care (Stanford) and Benjamin Chung, M.D. (Dr. Chung). Rouse alleged that in December 2019, defendants had negligently performed surgery, a robotic nephrectomy, for the removal of her right k…
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Romero v. Jones CA4/3
Plaintiff Marshell Romero appeals from an order granting defendant Geraldine Jones’s motion to quash service of summons for lack of personal jurisdiction. We affirm. Romero did not establish through admissible evidence that Jones has sufficient minimum contacts with California to…
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Ran v. Stockton Unified School Dist. CA3
Qijun Ran (Ran) is a former employee of the Stockton Unified School District (the district). In 2019, Ran attempted to privately mediate online harassment of a district student and her family. District police officers arrested Ran on suspicion of harassing the student but later d…
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Prince v. Prince CA4/1
Appellant Teresa Sunder Prince appeals from two orders of the court, one involving the modification of child and spousal support as between her and her ex-husband, Stephen Prince, and another ordering her to pay Stephen $2,500 in attorney fee sanctions in connection with an unsuc…
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Pacifica San Juan Community Assn. v. City of San Juan Capistrano CA4/3
* * * Plaintiff Pacifica San Juan Community Association appeals from the denial of its petition for a writ of mandate challenging respondent the City of San Juan Capistrano’s approval of a real estate project. The Association contends (1) the project was subject to environmental …
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P. v. Mejorado CA3
In 2013, defendant Anthony Santos Mejorado was convicted of second degree murder along with other crimes, as well as several enhancements. In 2023, defendant petitioned for resentencing under Penal Code1 section 1172.6. The trial court held a hearing on the petition and denied it…
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P. v. Ramos CA4/1
Thus we affirm. Ramos’s first contention is that the prosecution engaged in vindictive prosecution and that the trial court erred in denying a motion seeking relief on this basis. To understand this contention it is necessary to be apprised of the manner in which the counts alleg…
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P. v. Williams CA4/2
Defendant and appellant Demondre L. Williams appeals from the trial court’s denial of his motion pursuant to the California Racial Justice Act (CRJA), as set forth in Penal Code section 745.1
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P. v. Burton CA2/1
Bernard Burton appeals from an order denying his petition for resentencing pursuant to Penal Code section 1171.1 Burton’s appointed counsel filed a brief identifying no issues on appeal, requesting that we determine appealability and that we follow the procedures outlined in Peop…
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P. v. Gray CA3
Defendant Adam Gray appeals the denial of his petition for resentencing under Penal Code section 1172.6.1 After an evidentiary hearing, the trial court found that Gray was not entitled to relief because he was guilty of murder under two still-valid theories of murder liability. O…
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P. v. Dieck CA3
Defendant Austin William Dieck sexually abused his girlfriend’s daughter, L.L., over nearly a decade. He also physically abused his girlfriend C.R. and sexually abused another minor victim, S.Y. For the sexual abuse of L.L., a jury found defendant guilty on two counts of sexual i…
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P. v. Perry CA3
A jury found defendant David Perry guilty of first degree murder and attempted murder and found true additional allegations, including, as to the murder and attempted murder convictions, that defendant discharged a firearm causing great bodily injury. The trial court sentenced de…
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P. v. Crist CA3
Defendant Derrick Deon Crist pled no contest to vandalism and was sentenced to two years in county prison. Appointed counsel for defendant asks this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Finding no arguable error that wou…
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P. v. Fernandez CA2/2
Defendant Ricky Delarosa Fernandez was convicted by a jury of second degree murder for the killing of Ricardo Guerrero (Pen. Code,1 §§ 187, 189, subd. (b)). Fernandez now appeals on the sole basis that the trial court erred in permitting testimony identifying him by his moniker, …
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P. v. Mitchell CA2/1
Bryan Mitchell appeals from a judgment entered after resentencing, contending the superior court erred by reimposing the upper term for his attempted murder conviction. We disagree and affirm, subject to ordering the abstract of judgment modified to correct the calculation of Mit…
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P. v. Fuentesveloz CA2/1
Appellant Mario Fuentesveloz requested diversion to a mental health program for alcohol use disorder. (Pen. Code, §1001.36.)1 The trial court denied his request because he poses an unreasonable risk of danger to public safety. (Id., subd. (c)(4).) We review his appeal of the dive…
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P. v. Romero CA4/1
Michael James Romero appeals a judgment of conviction after a jury found him guilty of two counts of first degree murder (Pen. Code, § 187, subd. (a)).1 The jury returned true findings on allegations that, in the commission of each offense, Romero personally and intentionally dis…
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P. v. Byrd CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. INTRODUCTION In 2018, appellant and defendant Ernest Byrd (defendant) was convicted of robbery with an enhancement for personal use of a firearm (Pen. Code,1 § 12022.53, subd. (b)), burglary, and misdemeanor res…
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P. v. Masuhara CA3
Appointed counsel for defendant Kevin Shigeichi Masuhara, Jr., filed an opening brief asking this court to review the record and determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplemental brief. Fi…