California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Martin CA3
Defendant Eugene James Martin appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1172.61 following an evidentiary hearing. Appellate counsel filed a brief raising no arguable issues under People v. Wende (1979) 25 Cal.3d 436 and People…
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P. v. Alexander CA3
The trial court resentenced defendant Darryl Keith Alexander pursuant to Penal Code section 1172.75.1 Alexander appeals, contending: (1) the court abused its discretion in declining to dismiss two five-year prior serious felony enhancements; (2) the court failed to award credit f…
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P. v. Adams CA3
Defendant Jeffrey Robert Adams contends the trial court erred in imposing an upper term sentence because the plea agreement did not constitute a sufficient stipulation to the aggravating factors relied on by the court. The People assert the appeal should be dismissed because Adam…
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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. Curry CA5
-ooOoo- * Before Levy, Acting P. J., Harrell, J. and Guerra, J. Defendant has an alarmingly long history of dealing in stolen vehicles, resulting in charges filed across multiple cases. He filed a notice of appeal challenging the judgments in several cases in which he pleaded no …
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P. v. Thomas CA5
-ooOoo- INTRODUCTION In October 2017, a jury found appellant LaChance Larue Thomas and a codefendant guilty of the first degree, premeditated murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a))1 of Von Randell Correia, Jr. The jury also found true an allegation that, as to appe…
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Marriage of Cave CA3
(Placer) In re the Marriage of ANGELIQUE HALLEY-CAVE C105257 and MICHAEL B. CAVE. (Super. Ct. No. S-DR- ANGELIQUE HALLEY-CAVE, 0066494) Respondent,
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In re A.D. CA2/8
Since 2017, appellant Manuel B. has been the legal guardian of Al.D., A.D., and H.D. In 2023, Manuel B. agreed to accept another child, foster teen Aiden T., into his home. In late 2023, Manuel B. discovered Aiden T. had drugs and a gun in the home. This was the second time Manue…
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In re M.E. CA2/6
C.M. (Mother) and J.E. (Father) appeal from the juvenile court’s order terminating their parental rights to their daughter M.E. and son K.E. and selecting adoption as the permanent plan. (Welf. & Inst. Code,1 § 366.26.) They contend remand is necessary for further inquiry pursuan…
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In re Aaron F. CA2/8
********** Marissa M. (Mother) appeals from the juvenile court’s order terminating her parental rights to her two minor children, arguing the Los Angeles County Department of Children and Family Services (DCFS) failed to conduct and document an adequate inquiry into the minors’ p…
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Immigrant Rights Defense Council v. Sklar CA2/5
I. INTRODUCTION Plaintiff Immigrant Rights Defense Council, LLC1 appeals from an award of attorney fees, contending the trial court abused its discretion by awarding a lower amount than requested. Plaintiff also contends the court erred when it vacated and corrected an earlier ju…
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Immigrant Rights Defense Council v. Sklar CA2/5
I. INTRODUCTION Immigrant Rights Defense Counsel, as the prevailing plaintiff in an action filed under the Immigrant Consultants Act (the ICA; Bus. & Prof. Code, § 22440 et seq.), filed a postjudgment memorandum of costs, seeking to recover attorney fees for enforcing its judgmen…
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Haining v. Gratitude Lodge CA4/3
This case comes to us after the trial court sustained a demurrer without leave to amend and dismissed a negligence complaint filed by a couple against a private substance abuse treatment facility. The couple, Clinton “Travis” Haining and his wife, Jennifer (collectively, the Hain…
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Farmers Ins. Exchange v. Superior Court CA4/2
Doyle Archer was insured by petitioner Farmers Insurance Exchange (Farmers) when he rear-ended real party in interest Kathleen Ann Wood. Prior to litigation, Wood sent Farmers a policy limit settlement offer that Farmers accepted within the time and in
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Beck v. Stabile & Moshtael CA4/3
Stabile. * * * Plaintiff Melissa Beck appeals the trial court’s denial of her motion under Code of Civil Procedure1 section 473, subdivision (b), to set aside the dismissal of her lawsuit. After three years of virtual non-activity, the trial court set an order to show cause heari…
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Williams v. State Personnel Board CA4/1
The California Department of Corrections and Rehabilitation (CDCR) terminated Deanna Williams’s employment, and the State Personnel Board (SPB) affirmed that termination. Williams sought review in the trial court through a petition for writ of mandate, which the trial court grant…
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Van Taylor v. Optima Escrow CA2/4
Attorney Thris Van Taylor (and his firm, Thris Van Taylor, a Law Corporation; collectively, “Van Taylor”) brought this action against a former client, Katie L. Little, to recover unpaid fees and other debt. Van Taylor also sued Optima Escrow, Inc., and two affiliated individuals,…
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Schwartz v. City of Compton CA2/4
Plaintiff and appellant Corey Schwartz appeals from a judgment entered after the trial court sustained a demurrer by defendant and respondent City of Compton (the City) to his complaint for whistleblower retaliation (Labor Code, § 1102.5) and violation of the Firefighter Bill of …
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Raz v. Beith David Educational Center CA2/4
This action involves a dispute over the governance of a nonprofit religious corporation, Beith David Educational Center (Beith David). Plaintiffs and appellants Rafael Raz and Shlomo Sherf, along with several other plaintiffs, initiated this action by filing a petition to void a …
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P. v. Ross CA3
A jury convicted defendant Lesly Cornell Ross of 11 counts of lewd and lascivious acts upon three victims under the age of 14 and one count of forcible lewd and lascivious acts upon one of the victims using force, fear, or duress. Defendant raises a variety of challenges on appea…