California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Hinojos CA5
Jun 28, 2023
On January 22, 2019, defendant Gabriel Mark Angel Hinojos was stopped while driving a vehicle that had been reported as stolen. A jury convicted defendant of unlawful taking or driving a vehicle and the trial court sentenced him to a four-year prison term. Defendant contends on a…
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Turner v. Superior Court CA4/2
Jun 28, 2023
In this writ proceeding, petitioner Martell Turner seeks review of the trial court’s denial of his motion to suppress evidence. The evidence was discovered during an inventory search of Turner’s car conducted when law enforcement impounded it after arresting him on suspicion of m…
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P. v. Medina CA4/2
Jun 28, 2023
Defendant John Kevin Medina appeals from his conviction of first degree premeditated attempted murder. (Pen. Code, §§ 664, 187, subdivision (a); unlabeled statutory references are to this code.) He argues that the trial court erroneously denied his motion for acquittal after the …
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P. v. Venable CA4/2
Jun 28, 2023
Bullets fired from a small white car killed one victim and wounded another. Both victims were members or associates of the Westside Projects (Projects) gang. Months later, when the police arrested a known informant for an unrelated offense, he offered to give them information abo…
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P. v. Youngs CA4/1
Jun 28, 2023
S.F.’s Testimony S.F. testified that she considered Youngs her stepfather because he had been married to her mother. One day in October 2020, when Youngs temporarily lived with S.F., she, a male friend, and Youngs were watching a movie in her bedroom. She was wearing pajamas and …
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P. v. McDonald CA3
Jun 28, 2023
The prosecution charged defendant with severing a phone line (§ 591), misdemeanor spousal battery (§ 243, subd. (e)(1)), and two misdemeanor counts of endangering a child (§ 273a, subd. (b)). In August 2019, defendant pleaded guilty to the severing a phone line count and the pros…
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In re Owens CA3
Jun 28, 2023
A jury found defendant Kenneth Oliver Owens, Jr., guilty of murder in 2011 based on his participation in a robbery in which a cohort shot and killed a victim. The jury also found true a felony-murder special circumstance. (Pen. Code, § 190.2, subd. (a)(17).) In this petition for …
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In re Richard B. CA2/1
Jun 28, 2023
Eight days after Richard was born in September 2019, DCFS filed a juvenile dependency petition concerning him under section 300, subdivisions (a), (b), and (j) of the Welfare and Institutions Code. The petition includes a statement by a social worker that she had made an “Indian …
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P. v. Allen CA2/3
Jun 28, 2023
In 1997, a jury convicted Alton Charles Allen of the first degree murder of Emery Hughes. The jury also found true the allegations that Allen personally used a deadly and dangerous weapon (a knife) and committed the murder during a burglary. This court affirmed Allen’s conviction…
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Munoz v. Ruiz CA2/6
Jun 28, 2023
Luis Munoz leased commercial property to Ruiz for use as a car dealership. Present during the lease negotiations were Munoz; his employee, Victor Jimenez; Ruiz; and general manager of Oxnard Motorsports, Julio Estrella. Ruiz left the meeting before the lease was signed. Munoz ini…
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Island Enterprises v. Catalina Coastal Tours CA2/1
Jun 28, 2023
Island Enterprises, Inc., and Island Navigation Company, Inc. (collectively, the Island plaintiffs), sued Catalina Coastal Tours, LLC, Catalina Coastal Tours and Fishing, LLC (collectively, the Catalina defendants), and MNSS Corporation (MNSS), alleging causes of action for fraud…
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Urick v. Greenspoon Marder CA2/5
Jun 28, 2023
Former trustee Dana Urick brought an action individually and as guardian ad litem for her son Trentyn M. Urick-Stasa against her former attorneys, James H. Turken and the law firm Greenspoon Marder LLP (collectively Greenspoon). The complaint contained causes of action for profes…
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P. v. Lowe CA2/5
Jun 28, 2023
In 2012, defendant and appellant Curtis Lowe (defendant) took part in a gang melee that resulted in the fatal stabbing of victim Patrick Lister (Lister). After trial, a jury found defendant guilty of second degree murder. Several years later, in 2019, defendant petitioned for res…
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P. v. Matthews CA2/1
Jun 28, 2023
In 1981, petitioner and appellant Donald Matthews pleaded guilty to one count of murder, and the trial court sentenced him to 15 years to life. In 2019, petitioner filed a petition for resentencing pursuant to Penal Code section 1170.95, which is now Penal Code section 1172.6 (se…
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P. v. Matthews CA2/1
Jun 26, 2023
In 1981, petitioner and appellant Donald Matthews pleaded guilty to one count of murder, and the trial court sentenced him to 15 years to life. In 2019, petitioner filed a petition for resentencing pursuant to Penal Code section 1170.95, which is now Penal Code section 1172.6 (se…
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In re J.J. CA1/4
Jun 26, 2023
Kevin J. (Father) appeals a dispositional order made by the dependency court denying him visitation with the two children he shares with T.F. (Mother), five-year-old Jacob J., and eight-year-old Joyce J. (Minors). In making its order, the juvenile court relied upon a five-year st…
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Smith v. Yelp CA1/3
Jun 26, 2023
Mark Smith, a self-represented litigant, filed a lawsuit against Yelp Inc. (Yelp). The trial court granted Yelp’s special motion to strike, and it later awarded Yelp attorney fees and costs. (Code Civ. Proc., § 425.16; statutory references are to this code.) Smith — again represe…
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P. v. Guzman CA6
Jun 26, 2023
The Santa Clara County District Attorney (District Attorney) appeals an order granting Mike Joseph Guzman’s motion pursuant to Penal Code section 995 to dismiss the information charging him with one count of first degree murder (§ 187, subd. (a)) and one count of attempted murder…
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Li v. Jin CA6
Jun 26, 2023
In an escalating dispute over governance of their alumni association, Jigang Jin sued Fuzu Li for defamation, based on the alleged falsity of Fuzu Li’s complaints to fellow alumni about Jin’s handling of the association’s incorporation and filing of its Internal Revenue Service (…
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Chen v. Yang CA6
Jun 26, 2023
This appeal arises out of the dissolution of appellant John G. Chen and respondent Jane J. Yang. In 2014, Chen moved to set aside the judgment of dissolution and marital settlement agreement. Chen appeals the trial court’s denial of his motion. We affirm. I. BACKGROUND Chen and Y…