500 matching results for "abundy":
From CA Unpub Decisions
After being charged with felony resisting arrest and attempting to take a firearm from a peace officer (Pen. Code, § 148, subd. (d)), a jury convicted Son Thanh Tran of resisting a peace officer, a misdemeanor (§ 148, subd. (a)). The trial court sentenced him to one year in county jail.
Tran contends the evidence presented at trial was not sufficient to sustain his conviction. He also asks us to determine whether the trial court abused its discretion when it denied disclosure of some of the information he sought at an in camera Pitchess hearing. We affirm. |
From CA Unpub Decisions
In this CEQA action Covina Residents for Responsible Development (CRRD) appeals from the trial court’s denial of its petition for writ of mandate seeking to overturn the City of Covina’s approval of a 68-unit, mixed-use, infill project located a quarter-mile from the Covina Metrolink commuter rail station. CRRD contends the project’s significant parking impacts required the City to prepare an environmental impact report (EIR) rather than the mitigated negative declaration it adopted in March 2016. We conclude section 21099, subdivision (d)(1), which took effect three months before the City approved the project, exempts the project’s parking impacts, as alleged by CRRD, from CEQA review. We also reject CRRD’s contentions the City’s approval of the project violated the Subdivision Map Act and affirm the judgment.
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From CA Unpub Decisions
Ronald Wormser, as trustee of the Wormser Revocable Trust, filed a petition for writ of mandate and inverse condemnation against the Santa Monica Rent Control Board, seeking reversal of the Board’s decision to deny Wormser’s application in 2014 for an exemption from the rent control law for owner-occupied properties that contained three or fewer units on April 10, 1979, the determinative date. Wormser argued the Board’s denial was an abuse of discretion, and factually and legally unsupported, because the Board had granted Wormser’s property the exemption in August 1979 and October 1985. Wormser contended the Board was bound by, and precluded from contradicting, its previous decisions that there were only three residential units on the property as of April 10, 1979.
The trial court sustained the Board’s demurrer to the petition without leave to amend, and Wormser appeals from the ensuing judgment of dismissal. |
From CA Unpub Decisions
Appellant Kay Ememas (Ememas) appeals from a judgment entered after the trial court sustained a demurrer to the complaint against Speedex Logistics, Inc. (Speedex) without leave to amend. The complaint alleged causes of action for breach of contract; conversion; trespass to chattels; intentional misrepresentation; negligent misrepresentation; loss of earnings; and negligence against Speedex based on an agreement between the parties that Speedex would ship Ememas’s belongings from Colombia to Los Angeles.
The trial court sustained Speedex’s demurrer in its entirety without leave to amend on the ground that each valid cause of action was barred by the applicable statute of limitations and laches. Finding no error, we affirm. |
From CA Unpub Decisions
Eddie S., the paternal grandfather of P.S., appeals from the juvenile court’s denial of his petition under Welfare and Institutions Code section 388 (388 petition), requesting that P.S. be placed with him and his wife (paternal grandparents). We affirm.
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From CA Unpub Decisions
Mike A. Calderon appeals the judgment entered following a jury trial in which he was convicted of two counts of first degree murder. The jury found true the special circumstance allegation that appellant committed multiple murders. As to count 1, the jury also found true the allegations that appellant personally used and intentionally discharged a firearm (a handgun), causing death. As to count 2, the jury found true the allegation that appellant personally used a deadly weapon (a knife), but returned a not true finding on the section 186.22, subdivision (b)(1)(C) gang allegation. Following a bench trial, the court found true the prior serious felony allegation pursuant to section 667, subdivision (a)(1).
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From CA Unpub Decisions
After appellant Kurosh Chaman failed to appear for the final status conference before the trial court, which proceeding had been continued six times over the course of a year, the trial court dismissed Chaman’s complaint against respondent the Los Angeles County Metropolitan Transportation Authority (MTA). Five months later, Chaman filed a motion under Code of Civil Procedure section 473, subdivision (b) to set aside the dismissal, stating he had experienced medical problems that prevented him from attending the final status conference. The trial court denied Chaman’s motion for relief and Chaman appealed.
As explained below, Chaman has failed to provide an adequate record on appeal and has failed to support his position with either reasoned legal argument or citations to the abbreviated appellate record. Moreover, based on our review of the abbreviated record, we conclude the trial court did not abuse its discretion in denying Chaman relief from the dismissal. We affirm. |
From CA Unpub Decisions
Janey Tang Ho (appellant) appeals from an order of the superior court granting the petition of Jeffrey Siegel, the conservator for her mother, and ordering appellant to return funds she received from her mother and to transfer property she purchased with the funds to the conservator. We agree with the trial court that appellant was not entitled to keep the funds. However, the amount that the court ordered appellant to return is not supported by the evidence. We therefore reverse in part and remand.
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From CA Unpub Decisions
Akbar Omar sued Syed Madad and his wife Meher F. Tabatabai, among other defendants, for breach of contract, fraud, unjust enrichment, and other causes of action, all related to Omar’s more than $10 million investment in Madad’s investment pool. The third amended complaint alleged that Madad and Tabatabai lied about the investment pool, which was actually a Ponzi scheme, and returned only a small portion of Omar’s investment. At the close of evidence, the trial court granted Tabatabai’s motion for nonsuit on Omar’s cause of action for unjust enrichment. The jury found in favor of Tabatabai on all Omar’s remaining causes of action, and the court entered judgment in Tabatabai’s favor. Omar filed a timely notice of appeal from the trial court’s order dismissing the unjust enrichment cause of action against Tabatabai.
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From CA Unpub Decisions
Defendant and appellant Enrique Villalobos (defendant) appeals from the judgment entered after he was convicted of murder and attempted murder. We remand to allow the trial court the opportunity to exercise its discretion under the amended statute. We further find that the omission of an accomplice jury instruction was harmless error, and defendant’s remaining contentions are without merit. We thus affirm the judgment of conviction.
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From CA Unpub Decisions
Plaintiff Marlon Johnson Pryor appeals from judgments entered after the trial court granted summary judgment motions (Code Civ. Proc., § 437c) in favor of defendants/respondents in this discrimination and breach of fiduciary duty action Pryor filed after he was evicted from his apartment for failure to pay rent. For the reasons explained below, we affirm the judgment in favor of The Amerland Group LLC, Logan Property Management, Inc., Alexandria Housing Partners, LP, and Ruben Islas (the Amerland defendants) and the judgment in favor of Inner City Law Center, Dianne Prado and Javier Beltran (the ICLC defendants).
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From CA Unpub Decisions
Defendant and appellant Michael Renteria (defendant) appeals from his conviction of two counts of attempted murder. In our original nonpublished opinion, filed October 26, 2017, we affirmed the judgment after finding no merit to defendant’s contentions that the trial court abused its discretion in denying his motion for new trial and that the denial resulted in a denial of his right to due process. On January 24, 2018, the California Supreme Court granted defendant’s petition for review and transferred the matter to this court with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 620. (Stats. 2017, ch. 682.) After considering the parties supplemental briefs on the matter, we again affirm defendant’s convictions, but reverse the sentence and remand to the superior court for resentencing.
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From CA Unpub Decisions
Kenneth Hammond and Eddie Garlin appeal from judgments entered after a jury convicted them of conspiracy to commit robbery and found not true an accompanying special allegation that the crime had been committed for the benefit of a criminal street gang. A companion charge of robbery was dismissed after the jury could not reach a unanimous verdict. Hammond and Garlin contend on appeal there was insufficient evidence apart from their own statements to support the conspiracy conviction in violation of the corpus delicti rule and the trial court abused its discretion by denying their motion to bifurcate trial on the gang allegation. We affirm.
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From CA Unpub Decisions
Richard Gunter, who suffered major back problems, and Cathy Gunter, his wife, sued Michael Schneier, Richard’s neurosurgeon, for medical malpractice. After a jury trial, the jury found Schneier was not negligent and entered a defense verdict. The Gunters appeal from that judgment and from an order awarding Schneier costs. We affirm.
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