California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Irving CA1/2
Oct 26, 2022
On April 13, 2015, the jury found Irving and his codefendant guilty of two counts of robbery. The trial court sentenced Irving to 14 years in prison that included a five-year prior serious felony enhancement under Penal Code section 667 and a one-year prior prison term enhancemen…
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Global Discoveries v. County of Contra Costa CA1/2
Oct 26, 2022
Section 4675, subdivision (a) provides, in relevant part: “Any party of interest in the property may file with the county a claim for the excess proceeds, in proportion to that person’s interest held with others of equal priority in the property at the time of sale, at any time p…
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Bluford v. Timm CA1/2
Oct 26, 2022
Timm’s underlying lawsuit against Bluford arose from a business transaction that began in 2014. Neither party has made the underlying complaint a part of this record. From Timm’s declaration in support of his special motion to strike the later filed malicious prosecution lawsuit …
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Shiheiber v. JPMorgan Chase Bank CA1/2
Oct 26, 2022
The background and details of this dispute are summarized in our prior opinion, in which we reversed a judgment entered in Chase’s favor after the trial court erroneously granted Chase a nonsuit at trial based on the statute of frauds doctrine. (See Shiheiber v. JPMorgan Chase Ba…
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Arriaga and Associates Wage and Hour Cases
Oct 26, 2022
Louis Arriaga is the president and director of A&A, a California business that provides security services, principally armed security guards, to other businesses. A&A employed Jason Lara and Jose Segura as armed security guards. At the same time, Lara and Segura owned their own s…
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P. v. Andrade CA6
Oct 26, 2022
In August 2003, Andrade pleaded guilty to one count of sexual penetration with a foreign object by means of force, violence, duress, menace, or fear (Pen. Code, § 289, subd. (a)(1); count 2) and no contest to two counts of first degree burglary (Pen. Code, § 459; counts 1, 4). An…
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P. v. Sanders CA6
Oct 26, 2022
On September 24, 2015, the Santa Clara County District Attorney filed an information charging Sanders with five counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b)). As to each count, the information alleged that Sanders personally used a handgun in committing th…
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P. v. Sanders CA6
Oct 26, 2022
On September 24, 2015, the Santa Clara County District Attorney filed an information charging Sanders with five counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b)). As to each count, the information alleged that Sanders personally used a handgun in committing th…
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P. v. Clark CA4/3
Oct 26, 2022
In January 2019, an information charged Clark with three counts of arson and making criminal threats. As to two counts, the information alleged he burned multiple structures. At a pretrial hearing, Clark’s counsel declared a doubt as to Clark’s competency. The trial court suspend…
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P. v. Salgado CA4/3
Oct 26, 2022
After Salgado shot at a rival gang member but killed another, he was charged with one count of first degree murder (§ 187, subd. (a); count 1), one count of attempted premeditated murder (§§ 187, subd. (a), 664; count 2), two counts of assault with a semiautomatic firearm (§ 245,…
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In re S.S. CA4/3
Oct 26, 2022
In July of 2021, after a contested jurisdictional hearing, Superior Court Judge Katherine Lewis found it to be true that appellant S.S. (a juvenile) had violated Penal Code section 211 (robbery). Specifically, the court found that appellant and another man accosted the victim, pu…
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P. v. Thompson CA4/3
Oct 26, 2022
At the behest of a man who agreed to pay them $5,000, Thompson and his codefendants John Solis and Robert Sesma agreed to murder Vaudra “Butch” Nunley. As part of their murder plan, defendants lured Nunley to Solis’ house late one evening. Nunley arrived at the house with a compa…
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N.F. v. Superior Court CA5
Oct 26, 2022
One-month-old A.F. (the baby) presented to the emergency room on July 3, 2021, with bruising on her face, chest, mid-back, and arm. Further evaluation revealed multiple bilateral rib fractures of varying age, a left pulmonary contusion and left hemothorax. The fractures and labor…
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In re J.M. CA5
Oct 26, 2022
On April 1, 2021, the agency filed a section 300 petition alleging the children were at risk of harm due to a bruise on J.M., age eight, inflicted non-accidentally by mother and a bite mark on M.L., age five, inflicted non-accidentally by Martin L., alleged father of M.L. and B.L…
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P. v. Espinosa CA5
Oct 26, 2022
Defendant and M.M. were in an on-again, off-again dating relationship for several years. Defendant had a history of physically abusing M.M. while they were together, and harassing her when she tried to end the relationship on different occasions. On May 6, 2019, at 3:00 a.m., def…
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P. v. Loya CA5
Oct 26, 2022
Loya and H.G. were high school friends. They went their separate ways after graduating in 2016, but resumed their friendship in the summer of 2018 after Loya saw H.G. at her place of employment. They began texting regularly and met up approximately four times in the two-week peri…
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P. v. Morales CA5
Oct 26, 2022
The prosecution established that, in April 2019, appellant was driving a vehicle with a suspended driver’s license. He was stopped by a Delano police officer, Joshua Garcia, after Garcia observed appellant driving at night without headlights. Garcia also saw appellant cross a dou…
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P. v. Morales CA5
Oct 26, 2022
The prosecution established that, in April 2019, appellant was driving a vehicle with a suspended driver’s license. He was stopped by a Delano police officer, Joshua Garcia, after Garcia observed appellant driving at night without headlights. Garcia also saw appellant cross a dou…
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P. v. Baggett CA5
Oct 26, 2022
Originally charged by complaint, defendant was held to answer after a preliminary hearing on October 10, 2018. The District Attorney of Merced County filed an information charging defendant with failing to reregister as a sex offender upon becoming transient (Pen. Code, § 290.011…
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In re N.C. CA4/2
Oct 26, 2022
Mother and her daughters, N.C. and T.C., lived together. Father provided for, and visited his daughter, N.C., on weekends. The family came to the attention of the Riverside County Department of Social Services (DPSS) on December 28, 2020, after a referral was received with allega…