California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Prang v. Assessment Appeals Board etc. CA2/1
This is the second appeal in this case. At issue are property tax valuations of a possessory interest in public rights- of-way held by real party in interest Time Warner Cable, Inc. (TWC). TWC held this possessory interest through agreements with local franchising authorities for…
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Park v. Choi CA2/3
Sang Tae Choi appeals from the trial court’s denial of his motion seeking to set aside the default judgment entered against him and in favor of plaintiffs Nam Ho Park and Nesten, Inc. Choi moved to set aside under Code of Civil Procedure1 section 473, subdivision (b) (473(b)), an…
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Pardo v. Burt CA2/1
Defendant and appellant Jason Eugene Burt arranged two loans for plaintiff and appellant Mary Jane Pardo and suggested to defendant Alex Camacho—not a party to this appeal—how he might “get more money from” her. Both Burt and Pardo agree that Camacho defrauded Pardo and absconded…
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P. v. Ortega CA5
-ooOoo- In 2004, a jury convicted defendant Daniel Ortega (and two co-participants, Stacey Dyer and Jesus Lopez) of first-degree murder of Donald Hunter and found true three felony-murder special-circumstance allegations pursuant to Penal Code section 190.21 that the murder was c…
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P. v. Santana CA4/1
A jury convicted Armando Joseph Santana of first degree murder of Daniel Castillo (Pen. Code,1 § 187, subd.(a)) and found true three firearm enhancement allegations (§ 12022.53, subds. (b) [10 years for personal use of a firearm], (c) [20 years for personal and intentional discha…
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P. v. Bergman CA2/2
Defendant and appellant Kevin Michael Bergman (defendant) appeals from the order denying his petition for vacatur of his murder conviction and resentencing following an evidentiary hearing pursuant to Penal Code1 section 1172.6, subdivision (d). The trial court found the prosecut…
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P. v. Bridgette CA2/5
This case comes to us following a remand from the Court of Appeal ordering the trial court to hold an evidentiary hearing pursuant to Penal Code1 section 1172.6, subdivision (d)(3). In 2021, George Clarence Bridgette filed in the trial court a petition pursuant to section 1172.6 …
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P. v. Barrios CA2/1
A jury convicted defendant Eduardo Barrios of first degree residential burglary. The trial court sentenced Barrios to the low term of two years in state prison. On appeal from the judgment, Barrios argues the prosecutor violated his constitutional right against self- incriminatio…
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P. v. Morales CA5
-ooOoo- INTRODUCTION In 2024, appellant Wildson Eriberto Tol Morales had a heated argument with his wife, who locked herself inside a bedroom with their one-year-old toddler. Appellant forced open the locked bedroom door with scissors, and, during the incident, his wife’s fingers…
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P. v. Cortez CA6
Defendant Roberto Carlos Cortez appeals from a judgment entered after conviction for first degree murder by jury trial. Cortez, an inmate at Salinas Valley State Prison, and fellow prison inmate Juan Jose Bueno, stabbed and killed a third prison inmate, Steven Lovely. Appointed c…
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P. v. Montgomery CA1/5
Jonathan David Montgomery (appellant) appeals from his conviction, following a jury trial, for attempted second degree robbery (Pen. Code, §§ 211, 664).1 His sole challenge on appeal is that the trial court prejudicially erred in refusing to instruct the jury that a mental disord…
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P. v. Smith CA2/1
This appeal follows an order finding defendant Elijah Smith, Jr. incompetent to stand trial and committing him to the Porterville Developmental Center. Defendant’s appointed counsel has identified no arguable issue on appeal, and we dismiss the appeal.
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P. v. McGregor CA2/2
THE COURT: Defendant and appellant Ikouree McGregor (defendant) appeals from the denial of his petition for vacatur of his murder conviction and resentencing under Penal Code1 section 1172.6. Defendant contends the trial court erred by “engaging in ‘factfinding’” at the prima fac…
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P. v. Bunn CA1/1
Over 20 years ago, we affirmed Bill Bunn’s convictions of two counts of lewd acts upon Jane Doe, a child under 14. (Pen. Code, § 288, subd. (a).)1 In the years that followed, Bunn filed a series of unsuccessful petitions for writs of habeas corpus in this court. He now appeals fr…
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P. v. Woolen CA2/1
MEMORANDUM OPINION1 In 2004, a jury convicted defendant Michael Shaboya Woolen of one count of willful, deliberate, premeditated attempted murder (Pen. Code,2 §§ 187, subd. (a), 664) and found that he personally used a firearm in the offense causing great bodily injury (§ 12022.5…
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P. v. Vanhorn CA3
After the trial court denied his motion to suppress evidence, defendant Thomas Brian Vanhorn was found guilty by a jury of multiple drug and firearm counts. On appeal, defendant challenges the denial of the motion to suppress. He contends that the trial court erred in finding he …
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P. v. Canales CA5
-ooOoo- INTRODUCTION In 2018, defendant Edgar Canales (defendant) entered a plea of no contest to assault on another person while incarcerated (count 1, Pen. Code, § 4501, subd. (a))1 and admitted three prior strike allegations. The trial court struck two of the prior strikes and…
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P. v. Pinal CA6
A jury convicted defendant Antonio Dominguez Pinal of first degree murder and reckless driving while evading a peace officer. The jury also found true an allegation in the murder count that Pinal personally and intentionally discharged a firearm, and the trial court found that Pi…
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Ou v. Li CA2/1
After a jury trial, the trial court entered judgment awarding plaintiff and respondent Alan Ou $343,750 in compensatory damages and $200,000 in punitive damages against defendant and appellant Kelly Mi Li. The jury found that Ou and Li formed a partnership to develop and produce …
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N.E. v. City of Petaluma CA1/4
Plaintiff N.E., a minor, by and through her guardian ad litem Rebecca Pederson, filed this wrongful death suit against the City of Petaluma (City) and the Sonoma-Marin Area Rail Transit (SMART), after her father was killed in a motorcycle accident near a SMART train crossing in P…