California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Birelas CA6
Oct 5, 2022
We resolve this case by memorandum opinion under California Standards of Judicial Administration, Title 8, Standard 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853–855.) Defendant Moises Birelas was convicted of first degree murder in 2007. The jury found true a fe…
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Rosa V. v. Ali H. CA6
Oct 5, 2022
Unfortunately, consideration of appellant’s appeal from the December 2019 order begins and ends with a discussion of the deficiencies in appellant’s briefs on appeal. Rule 8.204(a)(2), requires an appellant to “[s]tate the nature of the action, the relief sought in the trial cour…
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Turman v. Parent CA4/3
Oct 5, 2022
Former restaurant employees initially filed this case in 2010 as a wage and hour class action against defendants Koji’s Japan Incorporated (Koji’s) and Arthur Parent, Jr., who had been Koji’s president, sole shareholder, and director. After over a decade of litigation which produ…
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City of Fresno v. Pinedale County Water Dist. CA5
Oct 5, 2022
It is hereby ordered that the nonpublished opinion filed herein on June 10, 2022, be modified as follows: 1. At the end of the first sentence in the first full paragraph on page 31, after the sentence ending “in Civil Code section 1691,” add as footnote 10 the following footnote:…
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P. v. Evans CA4/1
Oct 5, 2022
In 2017, Evans pleaded guilty to first-degree burglary. Thereafter, in accordance with the plea agreement, the trial court sentenced Evans to six years in prison but stayed the execution of the prison term pending successful completion of three years of formal probation. The tria…
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Periman v. Superior Court CA3
Oct 5, 2022
A jury found defendant guilty of second degree murder in 2012, and he was sentenced to 15 years to life in prison plus one year for a vicarious arming enhancement. The Honorable Richard M. Mallett presided at defendant’s trial. This court affirmed defendant’s conviction and sente…
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P. v. Rice CA3
Oct 5, 2022
In February 2020, the trial court found defendant violated probation and mandatory supervision in connection with two prior felonies—forcible assault in 2016 (Pen. Code, § 245, subd. (a)(4); statutory section citations that follow are to the Penal Code) and possession of a contro…
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Nap Holdings v. China Electronics CA2/8
Oct 5, 2022
On May 28, 2021, plaintiff filed this action against defendant seeking a declaratory judgment on the question of whether an agreement, bearing the signatures of both parties and an effective date of December 18, 2018, was an enforceable written contract. Plaintiff alleged there h…
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In re R.T. CA2/8
Oct 5, 2022
These proceedings commenced in 2019 after police found one-month-old A.B. and two-year-old R.T. in the care of an unrelated probationer in a hotel room where narcotics were easily accessible to the Children. The police notified DCFS. Later that evening, Mother told a child social…
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Ewart v. County of Los Angeles CA2/7
Oct 5, 2022
Following Galloway’s assignment of rights to Ewart, Ewart, as Galloway’s assignee, sued the County, alleging a single claim of “implied indemnity.” Ewart alleged Galloway, acting as a volunteer traffic officer on the day of the accident, was an agent of the County and entitled to…
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Cassilly v. City of L.A. CA2/8
Oct 5, 2022
Mr. Cassilly is the managing member of Linden Living Project, the owner of real property on Linden Avenue in Venice. In 2015, he filed an application with defendant City of Los Angeles for a coastal development permit to demolish and rebuild the single-family home on his property…
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P. v. Palacios CA2/8
Oct 5, 2022
On January 21, 2018, victims Daniel Duarte and D.G. lived near each other in a homeless encampment in “The Wash,” an area at Avenue 52 and Figueroa Street near the 110 Freeway corridor in Los Angeles. Around 2:00 a.m., Duarte went to D.G.’s makeshift shelter/tent so the two of th…
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P. v. Palacios CA2/8
Oct 5, 2022
On January 21, 2018, victims Daniel Duarte and D.G. lived near each other in a homeless encampment in “The Wash,” an area at Avenue 52 and Figueroa Street near the 110 Freeway corridor in Los Angeles. Around 2:00 a.m., Duarte went to D.G.’s makeshift shelter/tent so the two of th…
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Gelman v. Seven Seas Smoke House etc. CA2/8
Oct 5, 2022
On September 17, 2015, plaintiff and defendant’s employee were involved in an automobile accident. Defendant’s employee was parked on the side of the road, and as he pulled his van into traffic, plaintiff’s Mercedes crashed into him. At the time of the collision, plaintiff was tr…
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P. v. Castillo CA6
Oct 5, 2022
On February 11, 2020, following a court trial, Castillo was convicted of violating a protective order by violence or threats with prior convictions (Pen. Code, § 166, subd. (c)(4); count 1), two counts of misdemeanor battery (§ 242; counts 2 & 3), and misdemeanor vandalism with a…
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Marriage of Mills CA4/3
Oct 5, 2022
In 2013, respondent Michael Mills initiated the underlying divorce case. Litigation generated over half a million dollars in attorney fees as well as fees for retained experts. The accounting for some of those fees, as reflected in the judgment, are at issue in this appeal. In 20…
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P. v. Wulff CA4/2
Oct 5, 2022
Around 3:30 p.m. on January 1, 2021, J.H. was driving his car and was almost hit by a white work truck. He sped up to try to see who was driving, but the truck was swerving a lot, so he slowed down and got behind it to avoid being hit. J.H. followed about two car lengths behind t…
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P. v. Arriaga CA4/2
Oct 5, 2022
On April 19, 2019, pursuant to a negotiated plea agreement, Adrian Arriaga pleaded guilty to one felony count of assault by force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) in exchange for a grant of probation. (Unlabeled statutory references are to th…
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P. v. Torres CA4/2
Oct 5, 2022
Defendant and appellant David Jerry Torres challenges the trial court’s decision declining to exercise its discretion under Penal Code section 12022.53, subdivision (h), to strike his firearm enhancement. He argues the matter should be remanded because the sentencing court failed…
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P. v. Perez CA4/1
Oct 5, 2022
During an investigation of a referral from Child Protective Services in December of 2017, Jane Doe 1 and Jane Doe 2, granddaughters of Perez who were respectively 12 and 13 years old at the time, told a social worker that Perez had touched them “inappropriately.” The social worke…