California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Clapkin v. Levin CA2/7
In this case, one of many between two sets of cousins fighting over control of a family corporation, Andrew Clapkin, Dina Marshall, Marci Clapkin Weiser, and Karen Callan (the Clapkins) filed a petition in the probate court to confirm their status as successor cotrustees of a tru…
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Cepeda v. Sweet Fish Sushi Bar CA2/2
****** Sweet Fish Sushi Bar, Inc. (Sweet Fish) appeals from an order denying its motion for judgment notwithstanding the verdict (JNOV motion) pursuant to Code of Civil Procedure section 629.1 Sweet Fish filed the motion following a jury trial of employment-related claims brought…
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Barnes v. LRS Healthcare CA6
Code, § 2698 et seq.) (PAGA). Barnes also sought to certify a class of current and former employees. 2. LRS’ Motion LRS moved to compel Barnes to arbitrate his claims and to dismiss his class action claims. The motion was based on the 2023 Dispute Resolution Agreement, but LRS re…
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Baca v. Baha CA2/7
Jamie Nicole Baca, whose legal name is now Jamie Nicole Heitmeyer, appeals after the jury found in Mustapha Baha’s favor on Heitmeyer’s causes of action for sexual battery and intentional infliction of emotional distress. Heitmeyer argues the judgment must be reversed because the…
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Ayala v. Superior Court CA5
-ooOoo- * Before Hill, P. J., Peña, J. and Harrell, J. INTRODUCTION In 2021, petitioner and defendant Adam Gabriel Ayala (defendant) was convicted after a jury trial of first degree residential burglary, battery on a fellow parent, and assault with force likely to produce great b…
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Allen v. State of Cal. CA5
-ooOoo- Plaintiff David Allen appears to be a pre-adjudication civil detainee proceeding in pro per in this civil rights action filed pursuant to section 1983 of title 42 of the United States Code. Allen challenges the California regulations that prohibit internet use and persona…
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Zavala v. Robinson & Wisbaum CA4/3
Wisbaum. * * * This is an appeal from a judgment following the trial court’s order granting a motion pursuant to Code of Civil Procedure section 425.161 (the anti-SLAPP statute) and dismissing this case for malicious prosecution, abuse of process, and intentional infliction of em…
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Wong v. City of Victorville CA4/1
Chi Wah Wong was cited by the City of Victorville for excess marijuana cultivation at a property he owns. The citation was upheld following an administrative hearing, and Wong appealed to the superior court. Wong contends the court prejudicially erred in construing his appeal as …
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Torres v. Petro Source Investments CA4/1
In 1998, counsel for Appellants Christopher Torres and his wife, Melissa Torres, deposed then-current or former employees of Safety-Kleen Corporation (SK Corp.) in connection with a lawsuit—Talley v. Safety-Kleen Corporation (Super. Ct. Orange County, 1999, No. 784605)—that alleg…
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Santora v. Santora CA1/3
MEMORANDUM OPINION1 Francesco Santora (Father), in propria persona, appeals the trial court’s dismissal of his petition for custody of minor children for lack of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Fam. Code, § 3400 et seq).2 We…
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Renzas v. Tong CA4/3
Defendant Keith Tian Tong appeals from a judgment and various posttrial orders. Because he failed to provide an adequate record to enable meaningful appellate review, we affirm. We glean the following facts from the limited record on appeal.1 This case arose from the collapse of …
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Piltan v. Novell CA2/8
INTRODUCTION This is the second appeal between Babak Piltan and Mario Novell before us this year. Piltan initiated a derivative action on behalf of Mac Daddy Films, LLC (Mac Daddy Films) against respondents Mario Novell and his production company, alleging a cause of action for c…
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P. v. Alemi CA1/5
Yosef Alemi appeals after he pled no contest to unlawfully taking a vehicle without its owner’s consent (Veh. Code, § 10851, subd. (a)) and the trial court placed him on probation for two years. Alemi asserts the trial court should be directed to reconsider a restitution fine, a …
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P. v. Barrios CA5
-ooOoo- Defendant Paul Barrios sexually assaulted his wife’s younger brother, and he was found guilty on three counts. He was sentenced to 25 years to life on count l plus an * Before Levy, Acting P. J., Meehan, J. and Snauffer, J. eight-year consecutive term on count 3. The tria…
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P. v. Ferncase CA4/1
A jury convicted Patrick James Ferncase of the December 2021 first degree murder of Aureo Duque Rayo (Pen. Code,1 § 187, subd. (a); count 1) and the March 2022 first degree murder of Derek Baker (count 2). It found true special circumstance allegations that Ferncase was convicted…
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P. v. Triplett CA4/3
* * * In 2022, a jury convicted defendant Antonio Lamont Triplett of first degree murder, robbery, and found true a felony-murder special circumstance. While his appeal was pending, Triplett filed a Penal Code section 1172.6 petition seeking to vacate the murder conviction, and t…
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P. v. Seto CA1/2
Richard Seto appeals from a conviction of possession of child or youth pornography with a prior conviction. He contends the trial court erred in denying his motion to suppress evidence. We affirm. Seto was convicted in 2021 of possession of child pornography (Pen. Code,1 § 311.11…
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P. v. Martinez CA4/1
Breana Denise Martinez repeatedly slashed Jesus M. with a box cutter, leaving scars. A jury acquitted her of attempted murder (Pen. Code, §§ 187, subd. (a), 664; count 1) but found her guilty of mayhem (§ 203; count 2) and assault with a deadly weapon (§ 245(a)(1); count 3). Mart…
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P. v. Padilla CA4/3
* * * Defendant Antonio Padilla appeals following his conviction for second degree murder. His only contention on appeal relates to sentencing. He argues the trial court abused its discretion by refusing to strike a prior conviction for sentencing purposes.1 We find no error and …
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P. v. Hernandez CA4/3
Defendant Abraham Albert Hernandez appeals an order denying his petition for resentencing under Penal Code section 1172.6. His appointed attorney filed a brief under the procedures described in People v. Delgadillo (2022) 14 Cal.5th 216, declaring he was unable to find any issues…