500 matching results for "mk":
From CA Unpub Decisions
A jury found defendant Robert Reagan guilty of second degree murder, finding that he intentionally stabbed his girlfriend to death in their bedroom while their five-year-old son slept in the next room. On appeal, defendant contends the trial court erred: (1) by refusing to instruct the jury on involuntary manslaughter; (2) when it admitted evidence of defendant’s motive; (3) when it allowed the prosecutor to ask a hypothetical question based on speculation; and (4) by instructing the jury on the relevance of defendant’s failure to explain or deny adverse evidence. Defendant also argues that the prosecutor engaged in prejudicial misconduct by failing to introduce certain evidence until rebuttal.
|
From CA Unpub Decisions
A jury convicted defendants and appellants Michael Castiblanco and Juan Cortez of first degree murder (Pen. Code, § 187, subd. (a)) and second degree robbery (§ 211). The jury found true the special circumstance allegation that the murder was committed while the defendants were engaged in the commission of a robbery (§ 190.2, subd. (a)(17)(A)) and the allegation that a principal was armed with a firearm during the commission of the offenses (§ 12022, subd. (a)(1)). The trial court sentenced defendants to terms of life in prison without the possibility of parole for their murder convictions plus one year for the firearm enhancements. Sentences on the robbery convictions were stayed under section 654.
|
From CA Unpub Decisions
Plaintiff Richard Howard appeals from a judgment following the entry of an order sustaining the demurrer of defendant the County of Los Angeles (the County) to the second amended complaint without leave to amend. Plaintiff challenges each of the alternative grounds upon which the trial court based its order, including the trial court’s conclusion that his complaint was barred by the litigation privilege set forth in Civil Code section 47, subdivision (b) (section 47(b)). He also contends the trial court abused its discretion by denying his motion for leave to amend to state a cause of action under 42 U.S.C. section 1983 (section 1983).
|
From CA Unpub Decisions
Luke Davies (Davies) sued Los Angeles Checker Cab Cooperative, Inc. (Checker Cab) for injuries he suffered in an accident caused by one its cabs. The jury returned a special verdict in Davies’s favor, finding that the driver of the cab was a Checker Cab’s agent. On appeal, Checker Cab contends there was insufficient evidence of agency, and therefore its motion for judgment notwithstanding the verdict (JNOV) should have been granted. We disagree and affirm the judgment and order denying JNOV.
|
From CA Unpub Decisions
J.C. appeals from the juvenile court’s disposition order, arguing certain requirements violate constitutional separation of powers and due process provisions. We affirm.
|
From CA Unpub Decisions
J.C. was declared a ward of the court and placed on probation after being found to have committed the offenses of resisting an officer and battery on an officer. He contends there was insufficient evidence to support findings that he committed these offenses because the officer used excessive force in arresting him. He also challenges as unreasonable and overbroad a condition of probation requiring him to provide passwords for and submit to searches of electronic devices under his control. We will find the challenged probation condition invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent) and otherwise affirm.
|
From CA Unpub Decisions
J.G. (minor) appeals from the juvenile court’s orders sustaining a charge of felony vandalism and placing him on formal probation for six months without wardship. Evidence showed that minor and two other boys threw rocks at passing cars, and the victim’s car was damaged. Minor contends he was entitled to dismissal of the wardship petition at the close of the prosecution’s evidence because there was insufficient evidence establishing either that he was the one who threw the rock that damaged the victim’s car or that he was responsible for the damage as an aider and abettor. We disagree and affirm.
|
From CA Unpub Decisions
This is the third appeal generated by this dispute. Here is what we said at the beginning of our last opinion:
“This is the second appeal arising from an alleged employment relationship between appellant Patrick Kelly and Thomas White, now deceased. Appellant’s first case against White resulted in a judgment in favor of White’s estate, which this court recently affirmed. The present case arises from the same underlying facts and asserts some of the same and some different causes of action. The trial court sustained demurrers to all causes of action without leave to amend and entered judgment for respondents. Appellant contends the court abused its discretion. We affirm the judgment as to six of the eight causes of action alleged in the complaint. As to two causes of action [i.e., for breach of a 2005 contract and quantum meruit], however, we agree with appellant that the trial court erred. |
From CA Unpub Decisions
The trial court denied Jean de Saint Andrieu’s (Husband) March 2017 motion to set aside support orders entered between 2010 and 2016. Husband appeals in propria persona. We affirm.
|
From CA Unpub Decisions
Gerald Lee Farrell, currently the special administrator of the estate of Patricia Goodwin, appeals from an order of the probate court granting the motion of Elizabeth Smith to vacate various prior orders. These vacated orders include a prior order striking Smith’s objection to Farrell’s petition to commence probate and for appointment as administrator. We affirm the order vacating the prior orders.
|
From CA Unpub Decisions
Susan Steele (Steele) cracked her tooth while eating an olive that contained a pit or pit fragment. The olive came from a can processed and distributed by Bell-Carter Foods, Inc. et al. (Bell-Carter). In the underlying personal injury action, the trial court granted Bell-Carter summary judgment, finding that a person injured by the natural part of a food item may not recover damages based on theories of strict liability or breach of warranty. (Mexicali Rose v. Superior Court (1992) 1 Cal.4th 617 (Mexicali Rose).) On appeal, Steele contends that Mexicali Rose should not be applied to bar her claims against Bell-Carter. We reject this contention and affirm the judgment.
|
From CA Unpub Decisions
Golden Gate Petroleum Co., Bay Area/Diablo Petroleum Company, Dennis O’Keefe, and Westgate Petroleum Company, Inc. (collectively, the Golden Gate Parties) appeal from an order imposing $3 million in penalties for violating the terms of a consent judgment. They contend: (1) respondent failed to comply with the notice requirements for enforcing the consent judgment; (2) the court did not make a valid finding of any violation of the consent judgment; and (3) O’Keefe should not be held personally responsible for the penalties. We will affirm the order.
|
From CA Unpub Decisions
Appellant Dante Taylor (appellant) borrowed over $50,000 to finance his education at the University of Washington. Respondents National Collegiate Student Loan Trust 2006-4 and National Collegiate Student Loan Trust 2007-3 (respondents) are two securitized Delaware trusts that claim they were assigned the loans at the time of origination. Respondents brought suit against appellant on the loans after he failed to make payments, and the trial court entered judgment in their favor following a bench trial. We affirm.
|
From CA Unpub Decisions
During deliberations on 12 counts stemming from defendant’s molestation of his minor daughter, the jury reported it was deadlocked on three of the counts. The trial court instructed the jury with CALCRIM No. 3551, the instruction on further deliberations when a jury is deadlocked. After further deliberations, the jury returned guilty verdicts on 10 counts, including two of the three on which the jurors had previously been deadlocked. Defendant claims the court committed instructional error because CALCRIM No. 3551 is impermissibly coercive. We disagree and affirm.
|