California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Ortega CA3
Jul 27, 2022
During a fight with the victim and another, defendant shot and killed the victim. (People v. Ortega (Apr. 10, 2012, C065027 [nonpub. opn.].) In April 2012, we affirmed the judgment on appeal. (Ortega, supra, C065027.) That judgment became final later in 2012, after the denial of …
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In re R.C. CA3
Jul 27, 2022
Because the issues on appeal concern ICWA compliance, we limit our factual and procedural recitation to that issue. In August 2019, the Agency filed a section 300 petition on behalf of the minor (born in October 2018). In the August 2019 detention report, the Agency advised the j…
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Rizzardi v. Superior Court CA3
Jul 27, 2022
Russell and Sandra were married in October 1976, and divorced in December 1997. On July 7, 1998, the Superior Court for County of Sacramento (trial court) entered a stipulated judgment on reserved issues that ordered Russell to pay Sandra $1,700 per month in spousal support until…
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P. v. Belyew CA3
Jul 22, 2022
While defendant was incarcerated in the Butte County Jail, she threw a milk carton containing urine and fecal matter at a deputy sheriff. Defendant pleaded no contest to gassing and the parties stipulated to a four-year sentence to be served concurrent with the sentence defendant…
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P. v. Godines CA3
Jul 22, 2022
In 2014, defendant was convicted of first degree murder with a felony-murder special circumstance, attempted robbery, and first degree burglary. Several firearm enhancements also were found true and defendant was sentenced to life without the possibility of parole, plus 30 years …
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P. v. Holmes CA3
Jul 22, 2022
On our own motion, we take judicial notice of the opinion deciding defendant’s direct appeal to provide basic factual context. (Evid. Code, § 452, subd. (d).) Over the course of two weeks in 2005, defendant, along with codefendants Joseph Terrell Johnson and Corey Schroeder, “rob…
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P. v. Orozco CA3
Jul 22, 2022
The background facts are taken from our prior opinion in People v. Orozco (Jan. 4, 2012, C065146 [nonpub. opn.] (Orozco). Defendant and his codefendant Jose Jesus Gomez, both Norteño gang members, killed Juan Alberto Sanchez-Chavez. The killing occurred when defendant, Gomez, and…
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P. v. Brogdon CA3
Jul 22, 2022
The details of the offenses in this case are not relevant to defendant’s appeal of her upper term sentence, so we omit them. A jury found defendant guilty of evading a peace officer (Veh. Code, § 2800.2, subd. (a)), resisting a peace officer (Pen. Code, § 148, subd. (a)), and dri…
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P. v. Allen CA3
Jul 22, 2022
At defendant Anthony Lee Allen’s jury trial, witnesses testified to defendant entering a liquor store on October 5, 2020, taking food and a drink, and walking out without paying. When he was confronted by two store employees, one wielding a bat, defendant took out a gun and point…
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P. v. Khademi CA3
Jul 20, 2022
In 2017, K.E., a veteran, was shopping when defendant yelled obscenities and various anti-American sentiments. K.E. took offense to defendant’s language and responded. Defendant then threatened to cut off K.E.’s head and attempted to stab him. The trial court found defendant inco…
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P. v. Martinez CA3
Jul 20, 2022
During a sting operation, defendant texted with a law enforcement officer who was posing as a 13-year-old girl, agreeing to give the decoy minor a ride in exchange for sexual acts. A jury found defendant guilty of contacting a minor with the intent to commit a sexual offense (Pen…
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P. v. Solorzano CA3
Jul 20, 2022
In April 2018, while driving with a blood-alcohol concentration of 0.38 percent, defendant was involved in two car accidents. She pleaded no contest to driving under the influence of alcohol and causing injury (Veh. Code, § 23153, subd. (a)) and admitted an enhancement allegation…
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P. v. Griffin CA3
Jul 20, 2022
“Defendant and Arthur Robertson, the victim, had quarreled over a narcotics transaction. Defendant lay in wait for the victim and as the victim drove by, fired at him twice with a shotgun, severely wounding him.” (People v. Griffin (Apr. 26, 1994, C016151) [nonpub. opn.].) In 199…
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A.W. v. S.W. CA3
Jul 20, 2022
Under the Domestic Violence Prevention Act, a court may restrain a person to prevent a recurrence of domestic violence upon reasonable proof of past acts of abuse. (§ 6300.) Section 6345 addresses the duration and renewal of a domestic violence restraining order. When initially i…
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In re P.E. CA2/1
Jul 20, 2022
Prior to the current dependency proceedings, DCFS received two referrals involving mother and father. In May 2016, someone reported that father verbally abused mother and staff in a doctor’s office. Mother acknowledged that “the father constantly yells and screams in the presence…
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Serdy v. Alnasser CA2/6
Jul 20, 2022
Alnasser formed Sumaya369 in 2016. She hired Serdy as an independent contractor to register and maintain Sumaya369’s website. Alnasser and Serdy worked closely over the next three years, eventually growing Sumaya369 into a business with more than $7 million in annual revenue. Aln…
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Burlesque Enterprise v. City of Los Angeles CA2/1
Jul 20, 2022
Burlesque Enterprise, Inc. (Burlesque) appeals from the trial court’s judgment following an order denying Burlesque’s petition for a writ of administrative mandate made pursuant to Code of Civil Procedure section 1094.5. Burlesque argues the trial court erred in denying its petit…
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In re L.A. CA2/2
Jul 15, 2022
In December 2019, DCFS received a referral alleging general neglect and physical abuse of minor by mother. During an interview with a DCFS social worker, mother provided the partial name of minor’s father (father), stating that he had two last names but that she only remembered o…
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In re S.M. CA2/5
Jul 15, 2022
Mother J.R. appeals from the juvenile court’s jurisdictional and dispositional orders over her children S.M. and P.R. Father J.M. appeals only from the orders regarding S.M. We affirm. The parties are familiar with the facts and procedural history, and our opinion does not meet t…
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Shekarchi v. Fischbach CA2/8
Jul 15, 2022
Eiman Shekarchi and April Heidarian (respondents) signed a retainer agreement with the law firm of Fischbach & Fischbach. Respondents subsequently filed suit against Fischbach & Fischbach and partner Joseph S. Fischbach (appellants) alleging legal malpractice. Appellants moved to…