California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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B.R. v. Superior Court CA4/2
The juvenile court terminated petitioner B.R.’s (mother) reunification services and set the Welfare and Institutions Code section 366.26 hearing.1 By petition for extraordinary writ, mother contends the juvenile court erred in concluding that real party
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Yang v. Zhu CA1/5
WEN YANG et al., Plaintiffs, Cross-defendants and Appellants, A172055, A173090 v. (Alameda County Super. Ct. Defendant, Cross-complainant No. RG15794796) and Appellant. WEN YANG et al., Plaintiffs, Cross-defendants and Respondents, A172602 v.
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Tran v. Garden Grove Unified School Dist. CA4/3
Plaintiffs Edwin Tran and his minor daughter challenge the trial court’s dismissal of their claims against defendants, Garden Grove Unified School District and three district employees. The court sustained defendants’ demurrer, concluding plaintiffs had failed to comply with clai…
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Tamayo v. The Vons Companies CA2/4
INTRODUCTION Mary Ann Tamayo was injured in a slip-and-fall in a parking lot outside a Vons supermarket while holding her toddler son, Zayden Ramirez.1 Tamayo, Zayden, and Tamayo’s husband sued The Vons Companies, Inc., and the landlord of the shopping center, Combined Properties…
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R.H. v. C.A. CA3
This appeal arises out of a child custody dispute between plaintiff R.H. (mother) and defendant C.A. (father) over their 10-year-old child. Although mother’s brief is short on details, the principal thrust of her claims is that the trial court erred in issuing a three- year domes…
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Patterson v. Digital Federal Credit Union CA4/2
Trina Patterson appeals from a judgment of dismissal following an order sustaining with leave to amend a demurrer filed by Digital Federal Credit Union (Digital Federal). Patterson did not file an amended pleading. We affirm the judgment.
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Palacios v. Sayer CA4/3
Javier Garibay for Cross-Complainant and Respondent. Cross-defendant and appellant Michael Sayer appeals from an order denying his special motion to strike under Code of Civil Procedure section 425.16 (anti-SLAPP motion). Sayer, who is an attorney representing plaintiffs in the c…
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P. v. Norbert CA1/3
Defendant Kishawn Norbert appeals from the trial court’s denial of his petition for resentencing under Penal Code1 section 1172.6. His appointed counsel has filed a brief raising no issues on appeal and asking us to exercise our discretion to conduct an independent review of the …
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P. v. Benson CA3
Defendant Jimmy Lee Benson appeals the denial of his petition for resentencing after an evidentiary hearing pursuant to Penal Code section 1172.6, subdivision (d).1 He contends the evidence was insufficient to prove he is guilty of murder and attempted murder beyond a reasonable …
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P. v. Flores CA4/1
In 2010, Edgar Antonio Flores was convicted of second degree murder, among other offenses arising out of a high-speed gun battle between rival gang members. Flores was convicted of murder based upon the provocative act theory as an aider and abettor. Flores appealed and this cour…
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P. v. Starkey CA4/2
INTRODUCTION Defendant Aaron Michael Starkey appeals from convictions for murder (Pen. Code,1 § 187, subd.(a)), and driving under the influence, causing injury.
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P. v. Palmer CA4/2
I. In 1998, defendant and appellant Floyd Palmer was found guilty of premeditated attempted murder (Pen. Code, §§ 664, 187), attempted murder (§§ 664, 187), unlawfully
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P. v. Hodge CA5
-ooOoo- Defendant Anthony Gene Hodge was convicted by jury of second degree robbery, misdemeanor theft, and misdemeanor resisting a police officer. On appeal, he contends: (1) the trial court’s admission of his statements violated his Miranda rights (Miranda v. Arizona (1966) 384…
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P. v. Flores CA4/3
Defendant Raul Gastellum Flores stands convicted of four counts of special circumstances murder. He contends reversal is required because the trial court’s jury instructions allowed him to be convicted of murder on an invalid theory of imputed malice. We disagree and affirm the j…
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P. v. McClay CA4/1
Keontae Laray McClay appeals from a judgment and sentence of six years in state prison. After conducting an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), we affirm the judgment. I. …
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P. v. Gutierrez CA4/2
A jury convicted Sergio Gutierrez of assault with a deadly weapon and numerous other felonies and misdemeanors arising out of two incidents involving his former girlfriend. On appeal, Gutierrez contends that the trial court erred by finding that the
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P. v. Ortiz CA4/2
Defendant Angel Ortiz appeals from the order of the San Bernardino Superior Court denying his Penal Code section 1170, subdivision (d)(1) petition for recall and resentencing.1 We will affirm.
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P. v. Moreno CA4/2
At a resentencing hearing pursuant to Penal Code section 1172.75,1 the court declined to strike defendant and appellant Daniel Jesus Moreno’s prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and personal use of a deadly weapon
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P. v. Marks CA5
-ooOoo- * Before Levy, Acting P. J., Detjen, J. and Harrell, J. Appellant Steven Lee Marks appeals the denial of his petition to terminate his duty to register as a sex offender. Appellant argues that the trial court abused its discretion when it denied his petition and that this…
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P. v. Love CA2/5
Defendant and appellant Timothy Love (defendant) appeals from a resentencing held in accordance with this court’s directions in a prior appeal. (People v. Atlas (May 19, 2022, B306982) [nonpub. opn.] (Atlas I).) We consider whether the trial court erred in imposing an upper term …