California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Kaplan v. Davidson CA2/7
Oct 6, 2022
When Davidson and Kaplan met in 2016, they discussed potential business arrangements. Davidson is a medical doctor who specializes in cannabis. In 2017 Davidson and Kaplan entered into an agreement to create and distribute a brand of marijuana and hemp products called “‘Dr. D,’” …
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P. v. Tooker CA1/1
Oct 6, 2022
The facts underlying Tooker’s convictions are recited in our October 2020 opinion. To summarize, Tooker committed several acts of domestic violence against M.A. while they were dating. After the relationship ended in 2013, Tooker began stalking her, and she obtained a restraining…
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P. v. Rodriguez CA1/2
Oct 6, 2022
In 2016, Rodriguez was convicted of two felonies: criminal threats (§ 422, subd. (a)) and stalking (§ 646.9, subd. (a)). The trial court subsequently found Rodriguez had suffered five prior felony convictions. It granted Rodriguez’s Romero motion and struck four of these five pri…
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P. v. McGinnis CA1/4
Oct 6, 2022
On November 18, 2018, defendant walked into a Target store, filled a shopping basket with items, and walked out. A security guard observed defendant leave the store without paying for the items. The security guard stopped defendant outside of the store, brought him back inside, a…
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P. v. Garcia CA6
Oct 5, 2022
Defendant Joel Gonzalez Garcia pleaded no contest to two counts of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)); counts 1 and 2) and driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a); count 3). The trial court s…
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P. v. Botello CA6
Oct 5, 2022
Defendant Sebastian Anguiano Botello pleaded no contest to first degree burglary (Pen. Code, § 459; count 1) and discharge of a firearm with gross negligence (§ 246.3, subd. (a); count 2), along with three other charges. Counts 1 and 2 each contained a special allegation that Bot…
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P. v. Rodriguez CA6
Oct 5, 2022
According to the probation report, the victim was working at a convenience store when Rodriguez and another man came in, pointed a gun at the victim, and demanded all of the money. The victim complied. Rodriguez and the other man attempted to bind the victim’s hands and told him …
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Charles v. Varsity Tutors CA6
Oct 5, 2022
In the operative first amended complaint, Plaintiffs sought civil penalties under PAGA on behalf of themselves and “other aggrieved employees” of Varsity for alleged Labor Code violations, including the failure to pay minimum wage, overtime, and reimbursement of necessary employe…
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Yin v. Li CA6
Oct 5, 2022
In December 2018, an attorney for Shuangling Yin filed a request for a domestic violence restraining order against her ex-boyfriend, Qiaochu Aaron Li. Yin’s supporting declaration described harassing conduct by Li following their summer breakup, an incident in October which culmi…
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Yin v. Li CA6
Oct 5, 2022
In December 2018, an attorney for Shuangling Yin filed a request for a domestic violence restraining order against her ex-boyfriend, Qiaochu Aaron Li. Yin’s supporting declaration described harassing conduct by Li following their summer breakup, an incident in October which culmi…
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P. v. Dennis CA4/3
Oct 5, 2022
As three teenagers socialized next to an abandoned railroad right-of-way, two males, later identified as defendant and Luis Mendoza, climbed over a nearby fence and approached them. Mendoza asked the group where they were from, to which one replied they were not from anywhere. He…
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P. v. Perez CA4/2
Oct 5, 2022
This is the second appeal by defendant and appellant, Christopher Daniel Perez, following resentencing. Defendant was convicted by a jury of eight offenses arising out of three separate incidents of domestic violence. (People v. Perez (Dec. 4, 2020, E073399 [nonpub. opn.]) (Perez…
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P. v. Quiroz CA4/2
Oct 5, 2022
On October 16, 2020, this court issued an unpublished opinion in defendant’s underlying appeal in People v. Quiroz (Oct. 16, 2020, E069820) [nonpub. opn.] (Quiroz1). In Quiroz1, we reversed two attempted murder counts pursuant to the Supreme Court’s intervening decision in People…
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P. v. O’Brien CA4/2
Oct 5, 2022
Defendant had a son with his ex-girlfriend, Desseray Mariscal. Shortly after they broke up, Mariscal began a relationship with the victim, Rudy Areyan. Mariscal and Areyan got into an argument when they were doing laundry together at a laundromat. Mariscal left the laundromat wit…
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P. v. Valles CA4/2
Oct 5, 2022
Defendant and his girlfriend, Cricket, lived in a tent with Jesus Renteria in a tight-knit homeless camp along the Santa Ana River in Riverside. Defendant was acquainted with victim Michael Carmona, known as “Bear,” and had fought with him on occasion. In June 2016, defendant and…
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P. v. Readus CA4/1
Oct 5, 2022
APPEAL from an order of the Superior Court of San Diego County, Michael T. Smyth, Judge. Affirmed. Pierre Readus, in pro. per.; and Stephen M. Vasil, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. This appeal is …
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P. v. Rubalcaba CA4/1
Oct 5, 2022
As Rubalcaba does not challenge the sufficiency of the evidence to support his convictions, we set forth the facts relating only to his crimes against C.M. to provide context for his contention that we should reverse his count 3 conviction because the court improperly amended the…
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P. v. Harrison CA3
Oct 5, 2022
An October 2019 search of defendant’s residence pursuant to a warrant yielded substantial quantities of methamphetamine and marijuana, a digital scale, $4,037 in cash, used pipes, small bags containing methamphetamine, and jars containing marijuana. In case No. 20CF00122 (case No…
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P. v. Martinez CA3
Oct 5, 2022
Given the nature of the instant appeal, we briefly summarize the facts supporting the conviction. We will expand upon facts necessary for the resolution of each issue as we address them. In 2020, a second amended information charged defendant with one count of continuous sexual a…
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In re Q.T. CA2/3
Oct 5, 2022
“In August 2020, the El Monte Police Department executed search warrants on father’s home and his female companion’s home after receiving information about father distributing child pornography. Father resided with the mother and his children. Father also had a female companion a…