California Cases ©   Coverage   Help   Search Westlaw   Topic: AllBusiness Organizations LawCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawEstate Planning & ProbateFamily LawFinance & BankingGovernment BenefitsGovernment ContractsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilityProfessional MalpracticeReal PropertySecurities & Blue Sky LawTaxationTort LawWorkers Compensation The PEOPLE, Plaintiff and Respondent, v. Nicholas Elton DEAN, Defendant and Appellant. , Cal.App. 2 Dist., November 21, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Richard F. Walmark, Judge. Vacated, Remanded and Affirmed. William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr. and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent. WILLHITE, J. A jury convicted ... The PEOPLE, Plaintiff and Respondent, v. Guillermo OCHOA, Defendant and Appellant. , Cal.App. 4 Dist., November 21, 2009 APPEAL from the Superior Court of Riverside County. Paul E. Zellerbach, Judge. Affirmed in part; reversed in part with directions. Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf, Kristen Chenelia and Vincent La Pietra, Deputy Attorneys General, for Plaintiff and Respondent. OPINION ... The PEOPLE, Plaintiff and Respondent, v. Steven Arthur REYNOLDS, Defendant and Appellant. , Cal.App. 4 Dist., November 20, 2009 APPEAL from the Superior Court of Riverside County. Thomas H. Cahraman, Judge. Affirmed. Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RAMIREZ, P.J. Defendant, Steven Arthur Reynolds, a sex... Alissia MYERS, Plaintiff and Appellant, v. TRENDWEST RESORTS, INC., Defendant and Respondent. , Cal.App. 3 Dist., November 20, 2009 Daniel R. Bartley, Attorney at Law, Novato, CA, Stephan C. Williams, Attorney at Law, Walnut Creek, CA, for Plaintiff and Appellant. John F. Baum, Curiale Dellaverson Hirschfeld & Kraemer, LLP, San Francisco, CA, for Defendant and Respondent. ORDER MODIFYING OPINION THE COURT. It is ordered that the opinion filed herein on October 26, 2009, be modified as follows: On page 2, the second sentence of the first paragraph should be changed to read as follows: In the prior appeal, we re... D.J. NELSON, as Trustee, etc., Plaintiff and Appellant, v. EXXON MOBIL CORPORATION, Defendant and Respondent. Cook Endeavors, Petitioner, v. The Superior Court of Sacramento County, Respondent; Exxon Mobil Corporation, Real Party in Interest. , Cal.App. 3 Dist., November 20, 2009 APPEAL from a judgment of the Superior Court of Sacramento County, Michael J. Virga, Judge. Affirmed. ORIGINAL PROCEEDINGS: Petition for writ of mandate and request for stay. Michael J. Virga, Judge. Alternative writ dissolved, stay vacated, and peremptory writ issued. Baron & Budd, Scott Summy, Celeste A. Evangelisti, John L. Yates, Carla M. Burke; Stevens, O'Connell & Jacobs, Charles J. Stevens, David A. Cheit, Bradley A. Benbrook; Sher & Leff, Victor M. Sher, Richard M. Franco for Pl... Alfredo GOMEZ, Petitioner, v. The SUPERIOR COURT of Lassen County, Respondent; Tom Felker, as Warden, etc. et. al., Real Parties in Interest. Manuel Juarez, Petitioner, v. The Superior Court of Lassen County, Respondent; The People, Real Party, Cal.App. 3 Dist., November 20, 2009 ORIGINAL PROCEEDINGS. Petitions denied. Michael Satris, under appointment by the Court of Appeal, for Petitioners. Jon A. Nakanishi for Respondent. Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jessica N. Blonien, Supervising Deputy Attorney General, Heather M. Heckler and Christopher J. Rench, Deputy Attorneys General, for Real Party in Interest California Department of Corrections and Rehabilitation. SCOTLAND, P.J. State prison inmates... JACK SCHNEIDER AND ELAINE SCHNEIDER, Defendants and Appellants, v. CRYSTAL POINT LLC., Plaintiff and Respondent. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. MC015968) APPEAL from an order of the Superior Court of the County of Los Angeles, Carlos P. Baker, Jr., Judge. (Retired judge of the Corcoran Justice Court, assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Law Office of Mary E. Lockington, Mary E. Lockington for Defendants and Appellants. John H. Lieberg for Plaintiff and Respondent. TURNER, P. J. ARMSTRONG, J. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS ... MARIO VELASQUEZ, Defendant and Appellant, v. LEOPOLDO ECHEVESTE AND ANGELINA PENA, Plaintiffs and Respondents. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. VC047248) APPEAL from an order of the Superior Court of the County of Los Angeles, Robert J. Higa, Judge. Reversed and remanded. Law Offices of Speros P. Maniates, Speros P. Maniates for Defendant and Appellant. ARMSTRONG, Acting P. J. KRIEGLER, J. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS MOSK, J. No appearance by Plaintiffs and Respondents. INTRODUCTION The trial court found that defendant's wall encroached upon plaintiffs' easement for ... RICHARD STARK et al., Plaintiffs and Appellants, v. MARTIN WITHROW et al., Defendants and Respondents. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. SC099035) APPEAL from an order of the Los Angeles County Superior Court, John Kronstadt, Judge. Affirmed. Blakely Law Group and Brent H. Blakely for Plaintiffs and Appellants. Hadsell Stormer Keeny Richardson & Renick, Randy Renick and Natalie Nardecchia, for Defendant and Respondent Martin Withrow. Law Offices of Carol L. Newman and Carol L. Newman for Defendant and Respondent Jeffrey S. Thomas. MALLANO, P. J. ROTHSCHILD, J. NOT TO BE PUB... HARRIS NEWMARK III, M.D., Plaintiff and Respondent, v. KIRKOR KIRKORIAN, M.D. et al., Defendants and Appellants. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. BC364405) APPEAL from a judgment of the Superior Court of Los Angeles County, Gregory Alarcon, Judge. Affirmed. Anna Davitian for Defendants and Appellants. Law Offices of Hemar Rousso & Heald, Jeannine Del Monte Kowal for Plaintiff and Respondent. ARMSTRONG, Acting P. J. KRIEGLER, J. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS INTRODUCTION MOSK, J. Plaintiff Dr. Harris Newmark III, a Corporation, brought an action against defendants Kir... THE PEOPLE, Plaintiff and Respondent, v. CARLOS MIGUEL IRAHETA, Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 Opinion following order vacating prior opinion; this is the third opinion for this docket number NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS (Los Angeles County Super. Ct. No. YA053907) APPEAL from a judgment of the Superior Court of Los Angeles County, John V. Meigs, Judge. Reversed. Larry Pizarro, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, As... In re E.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. E.S., Defendant and Appellant. , Cal.App. 5 Dist., November 20, 2009 (Super.Ct. No. 07CEJ600212-2) APPEAL from a judgment of the Superior Court of Fresno County. Timothy A. Kams, Judge. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION FACTS Defendant E.S., a minor, was found t... THE PEOPLE, Plaintiff and Respondent, v. DONALD WAYNE REED, Defendant and Appellant. , Cal.App. 5 Dist., November 20, 2009 (Super.Ct. No. 94CM7404) APPEAL from a judgment of the Superior Court of Kings County. Peter Schultz, Judge. Elizabeth M. Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez and Charles A. French, Deputy Attorneys General, for Plaintiff and Respondent. In 1995, appellant, Donald Wayne Reed, was sentenced to a term of 25 years to life under th... SUZANNE THEMELI, Plaintiff and Appellant, v. PORTS OF CALL OWNERS ASSOCIATION, INC., Defendant and Respondent. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. LC078513) APPEAL from a judgment and order of the Superior Court of Los Angeles County, Richard Adler, Judge. Reversed with directions and remanded. Howard Gold for Plaintiff and Appellant. Early, Maslach & Van Dueck and Sandra D. Carter for Defendant and Respondent. KITCHING, J. ALDRICH, J. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS KLEIN, P. J. Plaintiff and appellant Suzanne Themeli (Themeli) appeals a judgment of dismissal following th... JAMES FOLEY, Plaintiff and Appellant, v. ANGELA ANN BERNARD et al., Defendants and Respondents. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. BP072862) APPEAL from an order of the Superior Court of Los Angeles County, Aviva K. Bobb, Judge. Affirmed. James Foley, in pro. per., for Plaintiff and Appellant. Spiegelman & Edwards and Jack Spiegelman for Defendants and Respondents. KITCHING, J. ALDRICH, J. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS KLEIN, P. J. Plaintiff and appellant James Foley (Foley), in propria persona, appeals an order denying his motion to vacate, which motion ... THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER MATHIS, Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. BA310233) APPEAL from a judgment of the Superior Court of Los Angeles County, Marsha N. Revel, Judge. Affirmed. George O. Benton, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent. KITCHING, J. ALDRICH, J. NOT TO BE PUBLISHED IN THE OFFICIAL ... THE PEOPLE, Plaintiff and Respondent, v. SAMANTHA McNEAL, Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. SA061211 ) APPEAL from a postconviction order of the Superior Court of Los Angeles County. Cynthia Rayvis, Judge. Affirmed. Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. MALLANO, P. J. CHANEY, J. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS -------------------------------------- JOHNSON, J. On March 16, 2007, an information was filed in Los Angeles Cou... SCOTT S. SHAPIRO, Plaintiff and Respondent, v. ROSLYN COHEN, individually and as Trustee, etc., Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. BP113332) APPEAL from an order of the Superior Court of Los Angeles County, Aviva K. Bobb, Judge. Affirmed. The Law Office of Alan Goldberg and Alan M. Goldberg for Defendant and Appellant. Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Susan J. Cooley and Justin B. Gold for Plaintiff and Respondent. KLEIN, P. J. ALDRICH, J. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS INTRODUCTION KITCHING, J. A beneficiary of a trust petitioned for d... THE PEOPLE, Plaintiff and Respondent, v. BRIAN S. SINGLETARY, Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. SA062965) APPEAL from a judgment of the Superior Court of Los Angeles County, Elden S. Fox, Judge. Affirmed. Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael C. Keller and E. Carlos Dominguez, Deputy Attorneys General, for Plaintiff and Respondent. WILLHITE, J. S... THE PEOPLE, Plaintiff and Respondent, v. CHHOEUTH DUONG, Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. NA066468) APPEAL from a judgment of the Superior Court of Los Angeles County. Arthur Jean, Jr., Judge. Affirmed. Robert E. Boyce, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. TURNE... THE PEOPLE, Plaintiff and Respondent, v. ALBERT I. CAMPOS, Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 (Los Angeles County Super. Ct. No. BA291701) APPEAL from a judgment of the Superior Court of Los Angeles County. Larry Fidler, Judge. Affirmed. Richard C. Neuhoff, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Yun K. Lee and Laura J. Hartquist, Deputy Attorneys General, for Plaintiff and Respondent. TURNER. P. J. MOSK, J. NOT TO BE PUBLISHED IN THE OFFICIAL ... Vilma GO, Plaintiff, Cross-defendant and Appellant, v. PACIFIC HEALTH SERVICES, INC., et al., Defendants, Cross-complainants and Respondents. Vilma Go, Plaintiff, Cross-defendant and Respondent, v. Pacific Health Services, Inc., et al., Defendan, Cal.App. 2 Dist., November 20, 2009 APPEALS from an order of the Superior Court of Los Angeles County, James C. Chalfant, Judge. Affirmed. Law Office of Stewart J. Neuville and Stewart J. Neuville for Plaintiff, Cross-defendant and Appellant and for Plaintiff, Cross-defendant and Respondent. Quintana Law Group, Andres F. Quintana and John M. Houkom for Defendants, Cross-complainants and Appellants and for Defendants, Cross- complainants and Respondents. WILLHITE, Acting P.J. INTRODUCTION Plaintiff Vilma Go filed a complai... The PEOPLE, Plaintiff and Respondent, v. Cesar Joe RIOS, Defendant and Appellant. , Cal.App. 2 Dist., November 20, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Daniel J. Buckley, Judge. Affirmed as modified. Jeffrey Lewis, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. TURNER, P.J. I. INTRODUCTION Defendant, Cesar... In re C.D. et al., Persons Coming Under the Juvenile Court Law. Fresno County Department of Children & Family Services, Plaintiff and Respondent, v. R.B., Defendant and Appellant. , Cal.App. 5 Dist., November 19, 2009 APPEAL from an order of the Superior Court of Fresno County, Jane A. Cardoza, Judge. Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and Appellant. Kevin Briggs, Interim County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Levy, A.P.J., Cornell, J., and Gomes, J. R.B. (father) appeals from an order terminating parental rights (Welf. & Inst.Code, § 366.26) to his daughter, son, and ste... In re C.D. et al., Persons Coming Under the Juvenile Court Law. Fresno County Department of Children & Family Services, Plaintiff and Respondent, v. M.B., Defendant and Appellant. , Cal.App. 5 Dist., November 19, 2009 APPEAL from an order of the Superior Court of Fresno County. Jane A. Cardoza, Judge. Karen Jean Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. Kevin Briggs, Interim County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Levy, Acting P.J., Cornell, J., and Gomes, J. M.B. (mother) appeals from an order terminating her parental rights (Welf. & Inst.Code, § 366.26) to her three children... In re E.W., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. E.W., Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 APPEAL from the Superior Court of San Bernardino County. James A. Edwards, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Eleanor M. Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia, and Elizabeth S. Voorhies, Deputy Att... Prince THOMAS, Petitioner, v. The SUPERIOR COURT of San Bernardino County, Respondent; The People, Real Party in Interest. , Cal.App. 4 Dist., November 19, 2009 ORIGINAL PROCEEDINGS; petition for writ of mandate. Gregory S. Tavill and Eric M. Nakata, Judges. Petition granted in part; denied in part. Doreen B. Boxer, Public Defender, Geoffrey Canty and George Taylor, Deputy Public Defenders, for Petitioner. No appearance for Respondent. Michael A. Ramos, District Attorney, Grover D. Merritt and Paul W. Feldman, Deputy District Attorneys, for Real Party in Interest. OPINION KING, Acting P.J. INTRODUCTION Petitioner Prince Thomas, defenda... The PEOPLE, Plaintiff and Respondent, v. Justin Norman LAVOIE, Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 Appeal from a judgment of the Superior Court of Orange County, Richard W. Stanford, Jr., Judge. Affirmed. Law Office of William J. Kopeny & Associates and William J. Kopeny for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf, Christine Levingston Bergman and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent. OPINION MOORE,... The PEOPLE, Plaintiff and Respondent, v. Anton Robert Kareem NAIMAT, et al., Defendants and Appellants. , Cal.App. 4 Dist., November 19, 2009 Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed as modified. Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant, Anton Robert Kareem Naimat. Richard Glen Boire, under appointment by the Court of Appeal, for Defendant and Appellant, Tassawur Naimat. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lynne G. McGinnis a... The PEOPLE, Plaintiff and Respondent, v. Janene Kathleen JOHNS, Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 Appeal from a judgment of the Superior Court of Orange County, Dan McNerney , Judge. Affirmed. Richard Schwartzberg for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent. OPINION IKOLA, J. Defendant Janene Kathleen Johns challenges her conviction for gross vehicular manslaughter while intoxicated. She contends the court violate... Mark S. IANNUCCI et al., Plaintiffs and Respondents, v. GATE THREE HEALTHCARE, LLC, et al., Defendants and Appellants. , Cal.App. 4 Dist., November 19, 2009 Appeal from an order of the Superior Court of Orange County, Jamoa A. Moberly, Judge. Reversed. Lewis Brisbois Bisgaard & Smith, Bryan R. Reid, Russell M. Perry, Jeffry A. Miller and Lisa W. Cooney for Defendants and Appellants. Callahan, McCune & Willis, Callahan, Thompson, Sherman & Caudill, Robert W. Thompson and Charles S. Russell for Plaintiffs and Appellants. OPINION RYLAARSDAM, Acting P.J. Defendants Gate Three Healthcare LLC, The Flagstone Group, Inc., The Ensign Group, I... In re John SEMENECK on Habeas Corpus. , Cal.App. 4 Dist., November 19, 2009 Original proceedings; petition for writ of habeas corpus after orders of the Superior Court of Orange County, Kazuharu Makino, Ronald P. Kreber, and Daniel J. Didier, Judges. Petition denied. John Semeneck, in pro. per.; and Rich Pfeiffer, under appointment by the Court of Appeal, for Petitioner John Semeneck. Tony Rackauckas, District Attorney, and Matthew Lockhart, Deputy District Attorney, for Respondent State of California. OPINION FYBEL, J. INTRODUCTION In 1999, petitioner ... Robert Scott PODRAZA, Plaintiff and Appellant, v. George VALVERDE, as Director, etc., Defendant and Respondent. , Cal.App. 4 Dist., November 19, 2009 ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT RYLAARSDAM, Acting P.J. It is ordered that the opinion filed on November 5, 2009, be modified as follows: 1. On page 1, second line beginning with Habek, Temporary Judge, change "Habek" to "E. Habeck" so the line reads: E. Habeck, Temporary Judge. (Pursuant to Cal. Const., art. VI § 21.) Affirmed. No change in judgment. In re S.H., a Person Coming Under the Juvenile Court Law. San Mateo County Human Services Agency, Plaintiff and Respondent, v. R.H., Defendant and Appellant. , Cal.App. 1 Dist., November 19, 2009 Office Of The County Counsel, Redwood City, CA, for Plaintiff and Respondent. Amy Grigsby, First District Appellate Project, San Francisco, CA, for Defendant and Appellant. Judith Ganz, Oakland, CA, for Overview party. MARGULIES, J. The mother of five-year-old S.H. (Mother), appeals from an order terminating her parental rights. Mother maintains the order must be reversed because the juvenile court (1) abused its discretion in denying the San Mateo County Human Services Agency's (Ag... The PEOPLE, Plaintiff and Respondent, v. Marc Anthony BRYANT, Defendant and Appellant. , Cal.App. 1 Dist., November 19, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, Marcia Rachel Clark, Calabasas, CA, for Defendant and Appellant. REARDON, J. A jury convicted appellant Marc Anthony Bryant of first degree residential robbery and found that he committed this offense in concert. (Pen.Code, [FN1] §§ 211, 212.5, subd. (a), 213, subd. (a)(1)(A).) The trial court found prior conviction allegations to be true and he was sent... The PEOPLE, Plaintiff and Respondent, v. Silvio Bacar MARTINEZ, Jr., Defendant and Appellant. , Cal.App. 6 Dist., November 19, 2009 PREMO, J. Defendant Silvio Bacar Martinez, Jr., appeals from a sentence imposed following his plea of no contest to a variety of charges in two consolidated cases. We appointed counsel to represent Martinez in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified Martinez of his right to submit written argument in his own behalf within 30 days. That period has elapsed, and we have received no written argument fr... In re JENNIFER A., a Person Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. Josue A., Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Laura J. Birkmeyer, Judge. Affirmed. Office Of The County Counsel, San Diego, CA, for Plaintiff and Respondent. Suzanne Evans, San Diego, CA, for Defendant and Appellant. HALLER, J. Presumed father, Josue A., appeals following a May 2009 dispositional judgment in the dependency case of child, Jennifer A. [FN1] Josue contends the domestic violence treatment component of his reunification plan is not supported by substa... In re D.H., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. D.H., Defendant and Appellant. , Cal.App. 6 Dist., November 19, 2009 Christina Vom Saal, Office Of The Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Dena Marie Meierhenry, Santa Rosa, CA, for Defendant and Appellant. McADAMS, J. Appellant D.H. challenges a juvenile court order in a Welfare and Institutions Code [FN1] section 602 proceeding in which he was committed to the Division of Juvenile Facilities (DJF) [FN2] for a maximum term of confinement of six years two months after he ... ROADWAY CONSTRUCTION CO., INC., Plaintiff and Appellant, v. HANSON ENTERPRISES, INC. et al., Defendants and Respondents. , Cal.App. 4 Dist., November 19, 2009 APPEAL from the Superior Court of Riverside County. Edward D. Webster and Gary B. Tranbarger, Judges. Affirmed. Miltner Law Group, William L. Miltner and Teresa L. Polk for Plaintiff and Appellant. Grant, Genovese & Baratta, David C. Grant and Gordon G. May for Defendants and Respondents. OPINION GAUT, J. 1. Introduction Plaintiff Roadway Construction Co., Inc. (Roadway) appeals from a judgment awarding contractual attorney's fees to defendant Hanson. [FN1] Roadway argues Hanson i... The PEOPLE, Plaintiff and Respondent, v. Daniel Anthony RODRIGUEZ, Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 APPEAL from the Superior Court of San Bernardino County. Joan M. Borba, Judge. Affirmed. Jennifer L. Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Peter Quon, Jr., Angela M. Borzachillo, and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RICHLI, Acting P.J. A police officer recei... In re R.L., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. R.L., Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 APPEAL from the Superior Court of San Bernardino County. Harold T. Wilson, Jr., Judge. Affirmed. David K. Ries, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia, Elizabeth S. Voorhies, and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RAMIREZ, P.J. INTRODUCTION R.L. (minor)... The PEOPLE, Plaintiff and Appellant, v. Warren D. WHALEY, Defendant and Respondent. , Cal.App. 4 Dist., November 19, 2009 APPEAL from the Superior Court of Riverside County. Ronald L. Taylor, Judge (Retired judge of the Riverside Superior Court, assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed. Rod Pacheco, District Attorney, and Alan D. Tate, Deputy District Attorney, for Plaintiff and Appellant. R. Charles Johnson, under appointment by the Court of Appeal, for Defendant and Respondent. OPINION GAUT, J. Plaintiff and appellant, the People, appeal from judgment ent... TRANSAMERICA REALTY SERVICES, LLC, Plaintiff and Appellant, v. VISTA SERENA HOMEOWNERS ASSOCIATION, Defendant and Respondent. , Cal.App. 4 Dist., November 19, 2009 APPEAL from the Superior Court of Riverside County. Gloria Connor Trask, Judge. Reversed. George Chuang & Associates and George Chuang for Plaintiff and Appellant. Fiore, Racobs & Powers, Peter E. Racobs and Margaret G. Wangler for Defendant and Respondent. OPINION RICHLI, J. Plaintiff Transamerica Realty Services LLC (Transamerica) owns 34 lots in Vista Serena, a common interest development. It proposed to sell them all to Renova Properties, LLC (Renova). This sale required the conse... The PEOPLE, Plaintiff and Respondent, v. Lionel SHELL, Defendant and Appellant. , Cal.App. 1 Dist., November 19, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Mark David Greenberg, Oakland, CA, First District Appellate Project, San Francisco, CA, for Defendant and Appellant. SEPULVEDA, J. In a drive-by gangland shooting, defendant Lionel Shell killed an innocent bystander and wounded a rival gang member. Defendant confessed the shooting to the police, and two accomplices identified defendant as the shooter. At trial, defendant recanted his confession, denied all... The PEOPLE, Plaintiff and Respondent, v. Lyle P. BYNUM, Defendant and Appellant. , Cal.App. 1 Dist., November 19, 2009 HAERLE, J. I. INTRODUCTION Defendant and appellant Lyle P. Bynum pleaded guilty to one count of possession of a deadly weapon (Pen.Code, § 12020, subd. (a)(1), [FN1] one count of transportation of less than an ounce of marijuana (Health & Saf.Code, § 11360, subd. (b)), and one count of contributing to the delinquency of a minor (§ 272, subd. (a)(1)). He argues on appeal that the trial court erred in denying his motion to suppress. We disagree. FN1. All further statutory references are ... The PEOPLE, Plaintiff and Respondent, v. Agustin AGUILAR, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Sentence vacated, remanded with directions and affirmed. Robert Booher, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent. ROTHSCHILD, Acting ... Manuel GARCIA, Jr., Plaintiff and Appellant, v. Kathleen BRYAN, as Administratrix, etc., Defendant and Respondent. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Terry A. Green, Judge. Affirmed. Manuel Garcia, Jr., in pro. per., for Plaintiff and Appellant. Law Offices of Kelly Warren, Kelly Warren for Defendant and Respondent. ROTHSCHILD, J. Manuel Garcia, Jr. [FN1] sued his deceased mother's estate seeking to quiet title to real properties based on adverse possession. The trial court found that his possession had not been continuously adverse for the requisite five years. ... The PEOPLE, Plaintiff and Respondent, v. Michael J. CURFMAN, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 Ronald S. Coen, Judge, Superior Court County of Los Angeles. Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels, Supervising Deputy Attorney General, Robert S. Henry, Deputy Attorney General, for Plaintiff and Respondent. COFFEE, J. Michael Joseph Curfman appeals from judgment follo... Peter VIDIKAN, Plaintiff and Appellant, v. Mason SOMMERS, Defendant and Respondent. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. James R. Dunn, Judge. Affirmed. Peter Vidikan, in pro per, for Plaintiff and Appellant. Callahan, Thompson, Sherman & Caudill, LLP and Christopher Zopatti for Defendant and Respondent. CHANEY, J. Plaintiff Dr. Peter Vidikan suffered through a horrendous home remodel. In addition to suing various contractors and other participants in the remodel nightmare, Dr. Vidikan sued his longtime therapist, Dr. Mason Sommers, w... CONSERVATORSHIP OF the Person and Estate of JACQUELINE B. Public Guardian of Marin County, Petitioner and Respondent, v. Jacqueline B., Objector and Appellant. , Cal.App. 1 Dist., November 19, 2009 Jessica F. Mills, Ofc. County Counsel, San Rafael, CA, for Plaintiff and Respondent. Daniel Paul Brzovic, Disability Rights California, Oakland, CA, Morton P. Cohen, Constitutional Law Clinic, San Francisco, CA, Colleen Sonneborn, Marin Public Defender, San Rafael, CA, for Objector and Appellant. MARGULIES, J. The trial court established a temporary conservatorship for Jacqueline B. (conservatee) and later, after a court trial, found her to be "gravely disabled" under the Lanterman-Pet... In re the MARRIAGE OF Eddie H. FRATE and Georgina M. Frate. Eddie H. Frate, Respondent, v. Georgina M. Frate, Appellant. , Cal.App. 1 Dist., November 19, 2009 Eddie H. Frate, Hayward, CA, Pro Per. Georgina M. Frate, Hayward, CA, Pro Per. RUVOLO, P. J. I. INTRODUCTION Appellant Georgina M. Frate, who is proceeding in propria persona, appeals from an order entered in her marital dissolution action denying her request for spousal support. Respondent Eddie H. Frate, appellant's former husband, has not filed a respondent's brief. For reasons we will explain, we find appellant has forfeited her claims on appeal. Accordingly, we affirm the judgment.... The PEOPLE, Plaintiff and Respondent, v. Gustavo SUAREZ, Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Imperial County, Donal B. Donnelly, Judge. Reversed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Laura G. Schaefer, San Diego, CA, for Defendant and Appellant. HUFFMAN, Acting P.J. Gustavo Suarez, a seasonal truck driver who assisted his wife, Ofelia Suarez (Ofelia), in operating a daycare facility called the Rainbow Family Day Care out of their El Centro, Imperial County home from 1993 until 2006, appe... The PEOPLE, Plaintiff and Respondent, v. Dequinte Terrell BOOKER, Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 MODIFICATION ORDER AND ORDER DENYING PETITION FOR REHEARING THE COURT. The opinion filed on October 28, 2009 is modified as follows: On page 18, delete the last sentence in the first full paragraph. On page 19, insert the following paragraph starting at line 3 just above Section B-Count 2. Accordingly, the abstract of judgment should be amended to strike the language doubling Booker's life term and imposing a 15-year gang enhancement and Booker should be sentenced to a prison te... The PEOPLE, Plaintiff and Respondent, v. John VALLEJO, Defendant and Appellant. , Cal.App. 6 Dist., November 19, 2009 Catherine A. McBrien, Office Of The Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Alex N. Coolman, San Francisco, CA, for Defendant and Appellant. McADAMS, J. Defendant John Vallejo was convicted by jury of one count of grand theft from his employer (Pen.Code, §§ 484-487, subd. (b)(3)) [FN1] and one count of second degree burglary (§§ 459-460, subd. (b)). The court suspended imposition of sentence and granted prob... The PEOPLE, Plaintiff and Respondent, v. Robert CARRILLO, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Craig E. Veals, Judge. Reversed in part; affirmed in part; remanded. Linda L. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, James William Bilderback II and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. ARMSTRONG, Acting P.J. Defendant Robert Carrillo appeals the ju... The PEOPLE, Plaintiff and Respondent, v. Clifford Ross SADLER, Defendant and Appellant. , Cal.App. 5 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Kings County. Thomas DeSantos, Judge. Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Kathleen A. McKenna and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, Acting P.J., Cornell, J. and Gomes, J. Defendant Clifford Ro... The PEOPLE, Plaintiff and Respondent, v. Randall Earl WILLIAMS, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Michael L. Schuur, Temporary Judge. (Pursuant to Cal. Const ., art. VI, § 21.) Affirmed. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. KLEIN, P.J. Randall Earl Williams appeals from the judgment entered following his plea of no contest to dissuading a witness from reporting a crime (Pen.Code, § 136.1, subd. (b)(1)). [FN1] The tri... In re J.M., et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. J.M., Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from orders of the Superior Court of Los Angeles County, Stephen Marpet, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant. Raymond Fortner, County Counsel, James M. Owens, Assistant County Counsel, and Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent. Rich Pfeiffer, under appointment by the Court of Appeal, for Minors. EPSTEIN, P.J. Mother appeals from ord... The PEOPLE, Plaintiff and Respondent, v. Silvino Ruiz TORREZ, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 Richard R. Romero, Judge, Superior Court County of Los Angeles. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, Susan S. Kim, Deputy Attorney General, for Plaintiff and Respondent. YEGAN, Acting P.J. Silvino Ruiz Torrez appeals his conviction, by... Martin STOWELL, Plaintiff, Cross-defendant and Appellant, v. Brett MARKSON, Defendant, Cross-complainant and Respondent. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, John P. Farrell, Judge. Affirmed. Law Offices of Robert J. Rice and Robert J. Rice for Plaintiff and Appellant. Kane Law Firm, Brad S. Kane; Backus, Bland, Navarro & Weber and David Ernst for Defendant and Respondent. JACKSON, J. INTRODUCTION In this action involving the Contractors' State License Law (Bus. & Prof.Code, § 7000 et seq. [FN1]), plaintiff and cross-defendant Martin Stowell, doing business as Landco (Sto... The PEOPLE, Plaintiff and Respondent, v. Michael Patrick WIGGINS, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Gene D. Vorobyov, Attorney at Law, San Francisco, CA, for Defendant and Appellant. SCOTLAND, P.J. In 2007, defendant Michael Patrick Wiggins pled no contest to first degree residential burglary (Pen.Code, § 459) and driving under the influence of alcohol (Veh.Code, § 23152, subd. (b)). He was placed on probation and was ordered to pay fees and fines, including a $25 "work program fee," a $36 crime preve... The PEOPLE, Plaintiff and Respondent, v. Joseph Michael WHEAT, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. John Schuck, Attorney at Law, Palo Alto, CA, for Defendant and Appellant. ROBIE, J. Defendant Joseph Michael Wheat pled no contest to assault by force likely to produce great bodily injury, threatening to commit a crime resulting in death or great bodily injury, and transportation of cocaine. He admitted a 1986 burglary strike conviction and having served two prior prison terms. In exchange, five relate... The PEOPLE, Plaintiff and Respondent, v. Victoria Louise MICKELE, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Rachel Lederman, Attorney at Law, San Francisco, CA, for Defendant and Appellant. BUTZ, J. In this appeal, defendant Victoria Louise Mickele contends the trial court erred in refusing to allow her Penal Code section 2900.5, subdivision (a) credits for the time she spent in a residential substance abuse treatment facility. The People concede, and we agree, that the matter should be remanded to the trial ... The PEOPLE, Plaintiff and Respondent, v. Jeffrey Dewayne POWELL, Jr., Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Julia K. Freis, Attorney at Law, Santa Rosa, CA, for Defendant and Appellant. ROBIE J. A jury found defendant Jeffrey Powell guilty of first degree burglary. The trial court sustained a recidivist allegation, and found that he violated probation in two cases unrelated to this appeal. It sentenced him to state prison concurrently on the three cases. On appeal, defendant contends the evidence is insuff... The PEOPLE, Plaintiff and Respondent, v. Haurilio Silva VALENCIA, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Scott Douglas Peebles, San Francisco, CA, for Defendant and Appellant. ROBIE, J. Convicted on two counts of second degree robbery, three counts of second degree burglary, and a single count of attempted robbery, defendant was sentenced to six years eight months in state prison. Defendant appeals his conviction claiming insufficient evidence to sustain the convictions for robbery, evidentiary error, cons... The PEOPLE, Plaintiff and Respondent, v. Kevin SALAZAR, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, John Fisher, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. WILLHITE, Acting P.J. Kevin Salazar appeals from the judgment entered following his no contest plea to receiving stolen property (Pen.Code, § 496, subd. (a)) and his admission that he suffered a prior serious or violent felony within the meaning of the "T... The PEOPLE, Plaintiff and Respondent, v. Tyson LEE, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Craig E. Veals, Judge. Affirmed. Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. MANELLA, J. Tyson Lee appeals from the judgment entered following a jury trial in which he was convicted of possession of ammunition by a felon (Pen.Code, § 12316, subd. (b)(1)) and admitted that he served a prior prison term within the meaning of Penal Code... In re C.G., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. C.G., Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Catherine J. Pratt, Commissioner. Affirmed with directions. Laini Millar Melnick, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael R. Johnsen and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent. ROTHSCHILD, J. Minor C.G. appeals... The PEOPLE, Plaintiff and Respondent, v. Frank SILVA, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Fred Wapner, Judge. Affirmed. Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Herbert S. Tetef, Deputy Attorney General, for Plaintiff and Respondent. MALLANO, P.J. De... Dennis MICHAEL et al., Plaintiffs and Respondents, v. Tina KALOUSTIAN et al., Defendants and Appellants. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Yvette Palazuelos, Judge. Reversed and remanded. Shumaker Morin, Danny T. Morin; Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Marshal A. Oldman for Defendants and Appellants Tina Kaloustian and Varujan Kaloustian. Mitchell Silberberg & Knupp, Christopher B. Leonard for Defendants and Appellants Burgh, Balian & Bergstein and Barbara Bergstein. Law Office of Philip H. Dyson, Philip H. Dyson for Plaintiffs and Respond... The PEOPLE, Plaintiff and Respondent, v. Adrian Armando ESCAJEDA, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, John P. Doyle, Judge. Affirmed. Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. EPSTEIN, P.J. Adrian Armando Escajeda appeals from the judgment entered following a jury trial in which he was convicted in count 1 of one count of second degree robbery (Pen.Code, § 211) and in counts 2 through 4 of three counts of first degree robbery ... The PEOPLE, Plaintiff and Respondent, v. Rico CORDOVA, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Richard E. Romero, Judge. Modified and affirmed with directions. Pamela J. Voich, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Responde... The PEOPLE, Plaintiff and Respondent, v. Ramon Antonio ORDONEZ, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Carol H. Rehm, Jr., Judge. Modified, remanded with directions and affirmed. Lisa Holder, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. ROTHSCHILD, J. A jury found R... The PEOPLE, Plaintiff and Respondent, v. Jose Luis GARCIA, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. William C. Ryan, Judge. Reversed. Alan Ross for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr. and Tannaz Kouhpainezhad, Deputy Attorneys General, for Plaintiff and Respondent. ROTHSCHILD, Acting P.J. Jose Luis Garcia was found guilty in a court trial of fraud, grand theft and a... Stephen SLAUGHTER et al., Plaintiffs and Appellants, v. Jerry KOHL et al., Defendants and Respondents. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Mary Ann Murphy, Judge. Affirmed. Howarth & Smith, Don Howarth, Suzelle M. Smith and Darcy R. Harris for Plaintiffs and Appellants. Munger, Tolles & Olson, Garth T. Vincent and David S. Han for Defendants and Respondents. JACKSON, J. INTRODUCTION Plaintiffs Stephen Slaughter and S & J Shoes, Inc. appeal from a judgment against them and in favor of defendants Jerry Kohl, Corazon Retail Corp. and Brighton Collectibles,... The PEOPLE, Plaintiff and Respondent, v. Shawn Douglas MOORE, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Deborah L. Hawkins, Attorney at Law, Poway, CA, for Defendant and Appellant. ROBIE, J. A jury found defendant Shawn Douglas Moore guilty of attempted murder and attempted robbery and found firearm use enhancements to be true in connection with both counts. Sentenced to state prison, defendant appeals, contending the prosecutor committed prejudicial misconduct in pressuring a witness to testify in confor... The PEOPLE, Plaintiff and Respondent, v. Chokchai KRONGKIET, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Elizabeth Campbell, Attorney at Law, Sacramento, CA, for Defendant and Appellant. BUTZ, J. Defendant Chokchai Krongkiet entered a negotiated plea of guilty to five counts of forcible lewd and lascivious conduct with a child under the age of 14 years (Pen.Code, § 288, subd. (b)(1)) [FN1] in exchange for dismissal of the remaining counts and a stipulated 40-year state prison sentence. The court sentenced... The PEOPLE, Plaintiff and Respondent, v. Deandre SMITH, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Deirdre Lynn O'Connor, Attorney at Law, Redondo Beach, CA, for Defendant and Appellant. ROBIE, J. A jury found defendant Deandre Smith guilty of possessing cocaine base for sale. The court suspended imposition of sentence and placed him on five years' probation. On appeal, defendant contends: (1) there was insufficient evidence of intent to sell; (2) the court erred in instructing with a now-supersed... The PEOPLE, Plaintiff and Respondent, v. Brandon Dashawn BAILEY, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Allen G. Weinberg, Attorney at Law, Beverly Hills, CA, for Defendant and Appellant. SIMS, J. Based on his attack on a couple in a Denny's on Mack Road, a jury convicted defendant Brandon Dashawn Bailey of two counts of assault with force likely to produce great bodily injury (that resulted in personally inflicting great bodily injury only on the husband), battery with serious bodily injury of the husban... The PEOPLE, Plaintiff and Respondent, v. Brett Darren WETTERLIN, Defendant and Appellant. , Cal.App. 6 Dist., November 19, 2009 PREMO, J. Pursuant to a negotiated disposition, defendant Brett Darren Wetterlin pleaded no contest to driving under the influence of alcohol with a blood alcohol level of 0.08 percent, providing a false name to a peace officer, and driving while unlicensed. The trial court placed defendant on probation conditioned upon a one-year jail term. It awarded defendant 33 days actual custody credits for presentence time spent in a residential treatment facility. It later denied defendant's motion to... The PEOPLE, Plaintiff and Respondent, v. Jesse Junior DUARTE, Defendant and Appellant. , Cal.App. 6 Dist., November 19, 2009 Office of the Attorney General, Martin S. Kaye, Office Of The Attorney General, San Francisco, CA, for Plaintiff and Respondent. Dallas Sacher, Sixth District Appellate Program, Santa Clara, CA, for Defendant and Appellant. ELIA, J. Shortly before entering a plea of no contest to a charge of assault with a deadly weapon (Pen.Code, 245, subd. (a)(1)), appellant Jesse Duarte waived his right to a jury trial regarding a prior conviction allegation. On September 29, 2008, a court trial was... The PEOPLE, Plaintiff and Respondent, v. Anthony Raul BARRON, Defendant and Appellant. , Cal.App. 6 Dist., November 19, 2009 Jeffrey M. Laurence, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Jeffrey A. Glick Oakland, CA, for Defendant and Appellant. McADAMS, J. A jury convicted defendant of assault with a deadly weapon and found that he committed that offense for the benefit of a criminal street gang. (Pen.Code, §§ 245, subd. (a)(1), 186.22, subd. (b)(1)(B).) [FN1] Defendant admitted that he had previously suffered a prio... The PEOPLE, Plaintiff and Respondent, v. Bertrand J. LEWIS, Jr., Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 SCOTLAND, P.J. On April 3, 2008, defendant Bertrand J. Lewis, Jr., was arrested on outstanding bench warrants. A search incident to arrest revealed he was in possession of 31 rocks of cocaine base, each rock weighing from 0.17 grams to 0.30 grams, for a total of 12.5 grams. Defendant pled no contest to possessing cocaine base for sale (Health & Saf.Code, § 11351.5); as part of the plea agreement, he was placed on probation with various conditions, including that he serve nine months in county... W.W. SMITH, Cross-complainant and Appellant, v. Donald E. HARRIS et al., Cross-defendants and Respondents. , Cal.App. 2 Dist., November 19, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Gregory Wilson Alarcon, Judge. Affirmed. Law Office of Dan Evan Fleischman and Dan Evan Fleischman for Cross- complainant and Appellant. Davert & Loe, Jason E. Guerra, David C. Loe and Douglass S. Davert for Cross-defendants and Respondents. MALLANO, P.J. The trial court granted cross-defendants' special motion to strike three causes of action of W.W. Smith's cross-complaint under Code of Civil Procedure section 425.1... The PEOPLE, Plaintiff and Respondent, v. Pysey BUE, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Richard Fitzer, Attorney at Law, Long Beach, CA, for Defendant and Appellant. HULL, J. Defendant Pysey Bue pleaded no contest to the charge of unlawfully and knowingly bringing marijuana into a state prison in violation of Penal Code section 4573. The trial court suspended imposition of sentence, ordered defendant to serve 90 days in jail, and placed her on formal probation for three years. At sentencin... The PEOPLE, Plaintiff and Respondent, v. Miguel Garcia ROMO, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Roberta Simon, Attorney at Law, for Defendant and Appellant. NICHOLSON, J. Defendant Miguel Garcia Romo pled no contest to four felonies: transportation of methamphetamine (Health & Saf.Code, § 11379), possession of methamphetamine for sale (Health & Saf.Code, § 11378), possession of ammunition (Pen.Code, § 12316, subd. (b)(1) [FN1], and active participation in a criminal street gang (§ 186.22, subd. (... In re J.G., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. J.G., Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. S. Robert Ambrose, Juvenile Court Referee. Affirmed. Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. CHANEY, J. On December 27, 2008, a witness saw three "guys" approach an apartment building in the County of Los Angeles. One of the individuals wore a blue sweater and held a spray-can. While the other two looked around, the male in the... Mathilde NOTARO, Plaintiff and Respondent, v. Alisa SPITZBERG, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Gerald Rosenberg, Judge. Affirmed. Alisa Spitzberg, in pro. per.; Lieber Williams & Labine and Howard L. Williams for Defendant and Appellant. Lavely & Singer and Allison Hart Sievers for Plaintiff and Respondent. MALLANO, P.J. Defendant Alisa Spitzberg appeals from a three-year restraining order under Code of Civil Procedure section 527.6, enjoining her from harassing plaintiff Mathilde Notaro and three friends who l... The PEOPLE, Plaintiff and Respondent, v. Christopher Howard JONES, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Central California Appellate Program, Sacramento, CA, for Defendant and Appellant. HULL, J. This is the second time this case has been before us. As described in our previous opinion, Kevin and Sabrina Dahnke were brutally shot and killed in their home. (People v. Jones (Aug. 31, 2007, C048432) [nonpub. opn.] (Jones I ).) A jury convicted defendant Christopher Howard Jones of two counts of murder as wel... The PEOPLE, Plaintiff and Respondent, v. Steven Richard WOLFF, Defendant and Appellant. , Cal.App. 3 Dist., November 19, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Central California Appellate Program, Sacramento, CA, for Defendant and Appellant. SCOTLAND, P.J. Defendant Steven Richard Wolff pled no contest to driving with a blood alcohol content of .08 percent or higher (Veh.Code, § 23152, subd. (b)) and admitted that he had a prior conviction for the such an offense in 2004 (Veh.Code, § 23550.5) and had served a prior prison term (Pen.Code, § 667.5, subd. (b)). ... In re RAMON P. et al, Persons Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. R. J., Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 APPEAL from an order of the Superior Court of San Diego County, Gary M. Bubis, Judge. Dismissed. McDONALD, J. R.J. appeals the findings and order entered at a termination of parental rights hearing held under Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise its discretion to review the record for error. In In re Sade C., the California Supreme Court held review pursuant to People v. Wende (1979) 25 Cal.3d 436 is ... The GIFTED SCHOOLS et al., Plaintiffs and Appellants, v. GRAHOVAC CONSTRUCTION COMPANY, Defendant, Cross-Complainant and Appellant; P. Teixeira Construction, Inc., Cross-Defendant and Respondent. , Cal.App. 4 Dist., November 19, 2009 Stephen H. McAvoy, San Diego, CA, for Plaintiff and Appellant. Vikas Nagpal, David G. Molinari, Bremer Whyte Brown & O'Meara, LLP, David A. Niddrie, Niddrie Fish & Buchanan, LLP, San Diego, CA, for Defendant, Cross-complainant and Appellant. Michael Sullivan, Morris Sullivan & Lemkul LLP, San Diego, CA, for Cross- defendant and Respondent. HUFFMAN, Acting P.J. APPEAL and cross-appeal from a judgment and posttrial orders of the Superior Court of San Diego County, Jay M. Bloom and Ra... In re A.M.F., a Person Coming Under the Juvenile Court Law. KERN COUNTY DEPARTMENT OF HUMAN SERVICES, Plaintiff and Respondent, v. A.F., Defendant and Appellant. , Cal.App. 5 Dist., November 19, 2009 NOT TO BE PUBLISHED IN OFFICIAL REPORTS COURT OF APPEAL OF THE STATE OF CALIFORNIA (Super. Ct. Nos. JD117297 & JD112218) O P I N I O N THE COURT [FN*] FN*. Before Levy, A.P.J., Cornell, J., and Gomes, J. APPEAL from an order of the Superior Court of Kern County. Peter A. Warmerdam, Sr., Juvenile Court Referee. Jesse F. Rodriguez, under appointment by the Court of Appeal, for Defendant and Appellant. B.C. Barmann, Sr., County Counsel, and Mark L. Nations, Deputy County Counsel,... In re MARRIAGE OF Laurie Thelen KACIK and Richard Andrew Kacik. Laurie Thelen Kacik, Respondent, v. Richard Andrew Kacik, Appellant. , Cal.App. 4 Dist., November 19, 2009 Appeal from an order of the Superior Court of Orange County, Nancy A. Pollard, Judge. Reversed and remanded with directions. Brandon & Yarc and Lisa E. Brandon for Appellant. No appearance for Respondent. OPINION SILLS, P.J. A spousal support order was scheduled to step down to zero in mid- February 2008. The trial court modified the order to keep the spousal support at the level it had been prior to mid-February 2008, based on the "change of circumstances" that a child support or... The PEOPLE, Plaintiff and Respondent, v. Rodney BELL, Defendant and Appellant. , Cal.App. 4 Dist., November 19, 2009 Appeal from a judgment of the Superior Court of Orange County, David A. Thompson, Judge. Judgment reversed as to simple kidnapping. Affirmed in all other respects. John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch, Pamela Ratner Sobeck, and Scott Taylor, Deputy Attorneys General, for Plaintiff and Responde... Martin KELLY, Plaintiff and Respondent, v. CB & I CONSTRUCTORS, INC., Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from an order of the Superior Court of Los Angeles County, Holly E. Kendig, Judge. Affirmed in part and reversed in part. Horvitz & Levy, Lisa J. Perrochet, Robert H. Wright; Lyddan Law Group and Jeffrey D. Lyddan for Defendant and Appellant. Law Offices of Douglas G. Gray, Douglas G. Gray; Cotkin & Collins, Robert G. Wilson and Terry L. Kesinger for Plaintiff and Respondent. MOSK, J. INTRODUCTION A jury found that defendant CB & I Constructors, Inc. (defendant) negligently s... CALIFORNIA GROUNDWATER ASSOCIATION, Plaintiff and Appellant, v. SEMITROPIC WATER STORAGE DISTRICT, Defendant and Respondent. , Cal.App. 5 Dist., November 19, 2009 MODIFICATION OF OPINION THE COURT. It is ordered that the opinion filed herein on November 9, 2009, and certified for publication in the Official Reports (--- Cal.App.4th ----) be modified in the following particulars: On page 5, line 5, change the section number "7049" to "7051." In footnote 5, delete the portion citing to and quoting section 7049, beginning on the last line on page 6 and continuing to the end of page 7, and substitute the following: Section 7051 states: "T... Jesus BARBOZA et al., Plaintiffs and Appellants, v. WEST COAST DIGITAL GSM, INC., et al., Defendants and Respondents. , Cal.App. 2 Dist., November 19, 2009 APPEAL from an order of the Superior Court for Los Angeles County, William F. Fahey, Judge. Affirmed. Barritt Smith, Douglas A. Barritt and Perry G. Smith for Plaintiffs and Appellants. No appearance for Defendants and Respondents. WILLHITE, J. What are the obligations of class counsel when he learns that the defendant in the class action he is prosecuting has ceased operations, sold its assets to a third party, and intends to file for bankruptcy? In the case before us, counsel obt... GALLERIA PLUS, INC., Plaintiff, v. HANMI BANK, Defendant and Respondent; David D. Kim & Associates, Objector and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from an order by the Superior Court of Los Angeles County, Gregory W. Alarcon, Judge. Reversed. David D. Kim & Associates, David D. Kim, Matthew E. Karanian, Mark M. Higuchi, and Rosa Kwong for Objector and Appellant. No appearance by Respondent. EPSTEIN, P.J. Appellant David D. Kim & Associates appeals from an order directing payment of monetary sanctions to respondent Hanmi Bank pursuant to Code of Civil Procedure section 128.7 . [FN1] Among other arguments, appellant co... William Keith JOHNSON, Plaintiff and Appellant, v. HONEYWELL INTERNATIONAL INC. et al., Defendants and Respondents. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Susan Bryant-Deason, Judge. Reversed and remanded. Metzger Law Group, Raphael Metzger and Gregory A. Coolidge for Plaintiff and Appellant. Horvitz & Levy, David M. Axelrad, Mary-Christine Sungaila, Dean A. Bochner; Atkins & Evans, Irwin S. Evans, Cynthia L. Sands for Defendant and Respondent E.I. DuPont de Nemours and Company. Horvitz & Levy, David M. Axelrad, Mary-Christine Sungaila, Dean A. Bochner; Liner Grode Stein ... Robert DAVIS, Plaintiff and Appellant, v. FORD MOTOR CREDIT COMPANY, Defendant and Respondent. Robert Davis, Plaintiff and Respondent, v. Ford Motor Credit Company, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 APPEAL from a judgment and postjudgment order of the Superior Court of Los Angeles County, Carolyn B. Kuhl, Judge. Affirmed. Levy, Ram & Olson, Arthur D. Levy, Erica L. Craven; The Harris Law Firm, Aurora D. Harris for Plaintiff and Appellant and for Plaintiff and Respondent. Fazio Micheletti, Jeffrey L. Fazio and Dina E. Micheletti for Consumers for Automotive Reliability and Safety as Amicus Curiae on behalf of Plaintiff and Appellant. Severson & Werson, Jan T. Chilton, Mark Joseph Ke... In re Edward C. RONJE, on Habeas Corpus. , Cal.App. 4 Dist., November 19, 2009 Original proceedings; petition for writ of habeas corpus after an order of the Superior Court of Orange County, Kazuharu Makino, Judge. Petition granted and matter remanded with directions. Edward C. Ronje, in pro. per.; and Rudy Kraft, under appointment by the Court of Appeal, for Petitioner Edward C. Ronje. Tony Rackauckas, District Attorney, and Mike Flory, Deputy District Attorney, for Respondent State of California. OPINION FYBEL, J. INTRODUCTION Edward C. Ronje is awaiting... Monica SANCHEZ et al., Plaintiffs and Appellants, v. STATE of California et al., Defendants and Respondents. , Cal.App. 4 Dist., November 19, 2009 APPEAL from the Superior Court of Riverside County. Edward D. Webster, Judge. Affirmed. Parker & Covert, Spencer E. Covert, Jonathan J. Mott and Michael T. Travis for Plaintiffs and Appellants. Edmund G. Brown, Jr., Attorney General, Douglas J. Woods, Assistant Attorney General, Jonathan K. Renner and Thomas M. Patton, Deputy Attorneys General, for Defendants and Respondents State of California, State Allocation Board, Office of Public School Construction, Arnold Schwarzenegger, Michael C.... THE PEOPLE, Plaintiff and Respondent, v. TOMMIE MARIO DAY, Defendant and Appellant. , Cal.App. 2 Dist., November 19, 2009 (Los Angeles County Super. Ct. No. LA054452) APPEAL from a judgment of the Superior Court of Los Angeles County. John S. Fisher, Judge. Affirmed. Kathleen M. Redmond, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjon, Supervising Deputy Attorney General, and Sharlene A. Honnaka, Deputy Attorney General,... BUS RIDERS UNION et al., Plaintiffs and Appellants, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AGENCY, Defendant and Respondent. , Cal.App. 2 Dist., November 19, 2009 (Los Angeles County Super. Ct. No. BS109618) APPEAL from a judgment of the Superior Court of Los Angeles County. Thomas McKnew, Jr., and James C. Chalfant, Judges. Affirmed. Natural Resources Defense Council, David Pettit, Tim Grabiel for Plaintiffs and Appellants. Jones Day, Elwood Lui, Brian D. Hershman, Brian M. Hoffstadt, Erica L. Reilley for Defendant and Respondent. Appellants, Bus Riders Union, Labor/Community Strategy Center, and Natural Resources Defense Council (hereinaf... The PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellant, v. Mercedes ACOSTA et al., Defendants and Appellants. , Cal.App. 3 Dist., November 18, 2009 Holdings: The Court of Appeal, Hull, J., held that: (1) Petroleum Marketing Practices Act (PMPA) did not preclude franchisee's recovery of goodwill damages under state condemnation law, and (2) Caltrans's final offer of compensation for lost goodwill was unreasonable. Affirmed. Ronald W. Beals, West Sacramento, Thomas C. Fellenz, Joann Georgallis, Sacramento, and Harjinder K. Chima for Plaintiff and Appellant. Greenan, Peffer, Sallander & Lally, Kevin D. Lally, San Ramon, John P.... Alissia MYERS, Plaintiff and Appellant, v. TRENDWEST RESORTS, INC., Defendant and Respondent. , Cal.App. 3 Dist., November 18, 2009 Holdings: The Court of Appeal, Sims, Acting P.J., held that: (1) statement of undisputed facts in employer's summary judgment motion was not an admission, and (2) employee's failure to fully summarize evidence waived contention that substantial evidence did not support verdict. Affirmed. Law Offices of Stephan Williams and Stephan C. Williams, Walnut Creek; Law Offices of Daniel Bartley and Daniel R. Bartley, Novato, for Plaintiff and Appellant. Curiale Hirschfeld Kraemer, John ... In re J.B. et al., Persons Coming Under the Juvenile Court Law. Stanislaus County Community Services Agency, Plaintiff and Respondent, v. R.S.C., Defendant and Appellant. , Cal.App. 5 Dist., November 18, 2009 Holding: The Court of Appeal, Kane, J., held that removal and placement with noncustodial parent did not require finding of likelihood of serious emotional or physical damage. Affirmed. Neale B. Gold, under appointment by the Court of Appeal, La Jolla, for Defendant and Appellant. John P. Doering, County Counsel, and Carrie M. Stephens, Deputy County Counsel, for Plaintiff and Respondent. OPINION KANE, J. INTRODUCTION Appellant R.S.C. (Mother) appeals from the jurisdictional findings... In re C.C., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. C.C., Defendant and Appellant. , Cal.App. 3 Dist., November 18, 2009 Holdings: The Court of Appeal, Cantil-Sakauye, J., held that: (1) minor's text messages to ex-girlfriend about breakup were not "offensive to one's feelings"; (2) minor's text messages were not "lewd"; (3) minor's text messages were not offensive to prevailing notions of modesty or decency; and (4) minor's statement that he would kill other students and shoot himself was not obscene. Reversed. Washington & Heithecker, George E. Washington, Philip H. Heithecker, Tahj E. Gomes, ... The PEOPLE, Plaintiff and Respondent, v. Joshua Daniel TUGGLES et al., Defendants and Appellants. , Cal.App. 3 Dist., November 18, 2009 Holdings: The Court of Appeal, Sims, Acting P.J., held that: (1) defendant's placing his reputation for nonaggression at issue opened door to prosecution's questioning witness regarding defendant's statement that he "wanted to shoot up the block"; (2) trial court acted within its discretion in excluding evidence of witness's prior prison terms and 72-hour hold for mental health treatment and evaluation; (3) pattern jury instructions did not improperly allow accomplice's testimony at... Richard MERRILL et al., Plaintiffs and Appellants, v. LESLIE CONTROLS, INC., Defendant and Appellant; Elliott Company, Defendant and Respondent. , Cal.App. 2 Dist., November 18, 2009 Holdings: The Court of Appeal, Kitching, J., held that: (1) corporation not strictly liable for asbestos in gaskets attached to the exterior of its valves or insulation used on portions of its valves; (2) worker did not meet burden of linking asbestos-containing products with corporation in the chain of distribution; (3) corporation had no duty to warn of defects in products supplied by other manufacturers; (4) corporation was not strictly liable under the component parts doctrine f... 1680 PROPERTY TRUST, et al, Plaintiffs and Appellants, v. NEWMAN TRUST, et al., Defendants and Respondents. , Cal.App. 2 Dist., November 18, 2009 APPEAL from a judgment of the Superior Court of the County of Los Angeles, Terry A. Green, Judge. Affirmed in part, reversed in part, and remanded. Law Offices of Richard A. Love, Richard A. Love, and Beth A. Shenfeld for Plaintiffs and Appellants. The Vittal Law Firm and J. Anthony Vittal for Defendants and Respondents Ampton Investments, Inc. and Laurence N. Strenger. Dwyer, Daly, Brotzen & Bruno, Toni Rae Bruno and Steven D. Downer for Respondent Newman Trust by and through Anne P. ... In the Matter of John William ELKINS, A Member of the State Bar. , Cal.Bar Ct., November 17, 2009 Kevin B. Taylor, Office of the Chief Trial Counsel, The State Bar of California, Los Angeles, CA, for State Bar of California. John W. Elkins, Winston-Salem, NC, for Respondent. OPINION ON REVIEW EPSTEIN, J. After respondent, John William Elkins, was removed as co-executor of his father's estate (the "estate"), he sent 53 threatening and abusive voicemail messages to the successor administrator of the estate, the attorney for the administrator, and the ex officio judge of the Forsyth Cou... The PEOPLE, Plaintiff and Respondent, v. Miguel Angel CABRERA, Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. John P. Dwyer, Attorney at Law, San Francisco, CA, for Defendant and Appellant. BLEASE, Acting P.J. After knocking down and injuring another man in a drunken fight, defendant Miguel Angel Cabrera was charged with three assault offenses (counts one through three), [FN1] one charge of actively participating in a street gang (count four) and three gang enhancements to counts one through three. [FN2] A jur... The PEOPLE, Plaintiff and Respondent, v. Victor Alex TUREK, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 Appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed. Conrad Petermann, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Vincent P. LaPietra, Deputy Attorneys General, for Plaintiff and Respondent. OPINION O'LEARY, J. Victor Alex Turek was convicted of si... In re Stan Barry NEWTON, on Habeas Corpus. , Cal.App. 6 Dist., November 17, 2009 William Robinson, Sixth District Appellate Program, Santa Clara, CA, for Petitioner. Donna Marie Provenzano, Office of the Attorney General, San Francisco, CA, for Respondent. RUSHING, P.J. I. STATEMENT OF THE CASE Petitioner Stan Barry Newton was charged with reckless evasion of a peace officer (Count 1), drunk driving (Count 2), and driving with a blood alcohol level of .08 percent or more (Count 3). (Veh.Code, §§ 2800.2, subd. (a), 23103, 23152, subd. (a), & 23152, subd. (b).) The... Bart STONE, Plaintiff and Appellant, v. Jameson Arthur LOVELL and Donald Lovell, Defendants and Respondents. , Cal.App. 2 Dist., November 17, 2009 Ken W. Riley, Judge, Superior Court County of Ventura. Jeffrey. Schwartz, Schwartz Law and Law Offices of Manuel H. Miller, for Appellant. Richardson & Fair, Kenneth A. Hagemann, for Respondents. YEGAN, Acting P.J. Bart Stone appeals from the judgment entered in favor of respondents James Arthur Lovell and Donal Lovell after the trial court denied a motion for new trial. (Code Civ. Proc., § 657.) Appellant claims that he was denied a fair trial because defense counsel, in circumvent... The PEOPLE, Plaintiff and Respondent, v. VAN L. PHU, Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Sacramento County, Robert C. Hight, Judge. Affirmed as modified. J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent. NICHOLSON, J. After pleading no contest to conspiracy to sell marijuana (Pen.Code, § ... John DOE et al., Plaintiffs and Appellants, v. ROMAN CATHOLIC BISHOP OF SAN DIEGO et al., Defendants and Respondents. , Cal.App. 2 Dist., November 17, 2009 ORDER MODIFYING OPINION THE COURT. [FN*] FN* RUBIN, ACTING P.J. FLIER, J. GOOD CAUSE appearing, the opinion filed in the above entitled matter on November 6, 2009, is modified as follows: On the cover page, in the caption and in the first paragraph where it reads: "Alameda" is replaced with the following: "Los Angeles" On page 3, after the first sentence under the Facts and Procedural History, insert the following footnote, which will be numbered as footnote 3: "Several ch... The PEOPLE, Plaintiff and Respondent, v. Stan Barry NEWTON, Defendant and Appellant. , Cal.App. 6 Dist., November 17, 2009 Donna Marie Provenzano, Office of the Attorney General San Francisco, CA, for Plaintiff and Respondent. William Robinson, Sixth District Appellate Program, Santa Clara, CA, for Defendant and Appellant. RUSHING, P.J. I. STATEMENT OF THE CASE Defendant Stan Barry Newton pleaded no contest to reckless evasion of a peace officer and driving with a blood alcohol level of .08 percent or more and admitted that (1) his blood alcohol level was, or exceeded, .15 percent, (2) he drove 20 miles per... Ben GRAVELLE, Plaintiff and Respondent, v. AQUADEK, INC., Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Adrienne A. Orfield, Judge. Appeal dismissed. Daniel Alan Harrison, Berger Harrison APC, Newport Beach, CA, for Plaintiff and Respondent. Charles E. Purdy IV, Purdy & Brehme, San Diego, CA, for Defendant and Appellant. IRION, J. Aquadek, Inc. (Aquadek) appeals from a judgment entered against it following a bench trial on Ben Gravelle's suit for breach of contract. As we will explain, we conclude that the notice of ap... Juan GRACIANO et al., Plaintiffs and Appellants, v. K.A.M.C.O. ENTERPRISES, INC., Defendant and Respondent. , Cal.App. 4 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Eddie C. Sturgeon, Judge. Affirmed. Alexis Galindo, Curd Galindo & Smith LLP, Long Beach, CA, for Plaintiff and Appellant. Roy B. Cannon, San Diego, CA, for Defendant and Respondent. IRION, J. Plaintiffs Juan Graciano (Graciano) and his wife Olga Graciano (Olga) appeal a judgment entered in favor of defendant K.A.M.C.O. Enterprises, Inc. (KAMCO) after a court trial. Plaintiffs sued KAMCO for personal injuries Graciano... The PEOPLE, Plaintiff and Appellant, v. Russell Lee HAYS, Defendant and Respondent. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of Riverside County. Robert M. Padilla, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed. Rod Pacheco, District Attorney, Daniel Ackerman and Matt D. Reilly, Deputy District Attorneys, for Plaintiff and Appellant. Gary Windom, Public Defender, and William A. Meronek, Deputy Public Defender, for Defendant and Respondent. OPINION RAMIREZ, P.J. In this appeal transferred from the appellate division of the superior court at the request... In re LEILA W. et al, Persons Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. Brad W. et al, Defendants and Appellants. , Cal.App. 4 Dist., November 17, 2009 APPEALS from orders of the Superior Court of San Diego County, Michael Imhoff, Judge. Affirmed with directions. Office of the County Counsel, San Diego, CA, for Plaintiff and Respondent. Patricia K. Saucier, Lelah Selene Forrey-Baker, San Diego, CA, for Defendant and Appellant. Andrea St. Julian, San Diego, CA, for Overview party. BENKE, Acting P.J. Brad W. and Melanie W. (together the parents) appeal jurisdictional and dispositional orders regarding their children, Leila W. and ... The PEOPLE, Plaintiff and Respondent, v. Aldo Alejandro GONZALEZ, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Melinda J. Lasater, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. NARES, J. A jury convicted Aldo Alejandro Gonzalez of one count of first degree murder (Pen.Code, [FN1] § 187, subd. (a), 189). The jury also found true the allegations Gonzalez (1) personally used a firearm (§ 12022.5, subd. (a)); and (2) intentionally and personally discharged a firearm, causing death (§ 1... The PEOPLE, Plaintiff and Respondent, v. Frank Perez SANTIAGO, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of Riverside County. B.J. Bjork, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Collette C. Cavalier, and Kristen Kinnaird Chenelia, Deputy Attorneys Ge... The PEOPLE, Plaintiff and Respondent, v. Rodney DENNIS, Jr., Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of San Bernardino County. Colin J. Bilash, Judge. Affirmed. Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and James D. Dutton and Emily R. Hanks, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RICHLI, Acting P.J. A jury found defendant Rodney Dennis, Jr., guilty... In re M.S., et al., Persons Coming Under the Juvenile Court Law. Riverside County Department of Public Social Services, Plaintiff and Respondent, v. C.S., Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of Riverside County. Martin Swanson, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Diana W. Prince, under appointment by the Court of Appeal, for Defendant and Appellant. Pamela J. Walls, County Counsel, and Sophia H. Choi, Deputy County Counsel, for Plaintiff and Respondent. Michael D. Randall, under appointment by the Court of Appeal, for Minor A.H. Konrad S. Lee, under appointment by the Court of Appeal, for Minors A.S., M.S., ... In re G.B. et al., Persons Coming Under the Juvenile Court Law. San Bernardino County Children and Family Services, Plaintiff and Respondent, v. L.O., Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of San Bernardino County. Marsha Slough, Judge. Affirmed. Elizabeth C. Alexander, under appointment by the Court of Appeal, for Defendant and Appellant. Ruth E. Stringer, County Counsel, and Dawn Stafford, Deputy County Counsel, for Plaintiff and Respondent. William D. Caldwell, under appointment by the Court of Appeal, for Minors. OPINION KING, J. I. INTRODUCTION Appellant L.O. (Mother) appeals from the February 27, 2009, orders terminating her pa... The PEOPLE, Plaintiff and Respondent, v. Benjamin MORENO, Jr., Defendant and Appellant. , Cal.App. 1 Dist., November 17, 2009 McGUINESS, P.J. Benjamin Moreno, Jr., (appellant) appeals from a judgment entered after he pled guilty to various offenses including attempted murder (Pen.Code, [FN1] §§ 187, 664). Appellant's counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not file such a brief. Having independently reviewed the record, we conclude there are no ... Moe SIRY, Plaintiff, Cross-defendant and Appellant, v. Larry RUBIN, Defendant, Cross-complainant and Respondent. , Cal.App. 4 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Charles R. Hayes, Judge. Affirmed. Gregory D. Hagen, Drath, Clifford, Murphy, Wennerholm & Hagen, San Diego, CA, for Plaintiff, Cross-defendant and Appellant. Jessica Marie Peterson, Law Ofc. Jessica Marie Peterson, Chula Vista, CA, for Defendant, Cross-complainant and Respondent. HALLER, Acting P.J. Moe Siry retained his friend Larry Rubin to perform work on Siry's home remodel project. After six months, Siry termin... In re KEVIN F., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Kevin F., Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 Appeal from an order of the Superior Court of Orange County, Donna L. Crandall, Judge. Affirmed. David K. Ries, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Chief Assistant Attorney General, Lilia Garcia and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent. OPINION FYBEL, J. INTRODUCTION The juvenile court declared Kevin F., born in March 1992, a ward of the court under Welfare ... The PEOPLE, Plaintiff and Respondent, v. Darrell Edward ADAMS, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 Appeal from a judgment of the Superior Court of Riverside County, Donal B. Donnelly, Judge. (Judge of the Imperial Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed and remanded. Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Elizabeth A. Hartwig, Deputy... Antonio L. SUAREZ, et al., Petitioners, v. The SUPERIOR COURT of Orange County, Respondent; Wells Fargo Bank, Real Party In Interest. , Cal.App. 4 Dist., November 17, 2009 Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Kazuharu Makino, Judge. Petition granted. Law Offices of Mansfield Collins and Mansfield Collins for Petitioners. No appearance for Respondent. Anne M. Schauerman for Real Party in Interest. OPINION THE COURT. [FN*] FN* Before SILLS, P. J., RYLAARSDAM, J., and IKOLA, J. The trial court denied petitioners' ex parte application to allow the late posting of jury fees eve... Peter E. LIPPETT et al., as Successor Trustees, etc., Plaintiffs and Respondents, v. Frank E. LEMBI et al., Defendants and Appellants. Frank Lembi et al., Plaintiffs and Appellants, v. Peter E. Lippett et al., as Successor trustees, etc., Defend, Cal.App. 1 Dist., November 17, 2009 Herbert W. Yanowitz, San Francisco, CA, for Plaintiff and Respondent. Bradley Mark Kass, Kass & Kass, San Mateo, CA, for Defendant and Appellant. SIMONS, J. The dispute underlying these appeals arose almost 10 years ago. In 1998, the Brandstetter Family Trust, of which Marie Z. Brandstetter (Brandstetter) was then trustee, leased premises in San Mateo County to appellants Frank E. Lembi (Lembi) and John Kockos (Kockos). In 1999, Brandstetter sued appellants for breach of the lease, ini... STONERIDGE HOMEOWNERS ASSOCIATION et al., Plaintiffs and Appellants, v. SADDLEBACK HOMEOWNERS ASSOCIATION, Defendant and Respondent. , Cal.App. 1 Dist., November 17, 2009 HAERLE, Acting P.J. I. INTRODUCTION In this consolidated appeal, a plaintiff "downhill" condominium homeowners association (HOA) and numerous individual homeowners therein (hereafter, appellants) appeal from a judgment entered against them in their nuisance suit against the defendant and respondent "uphill" condominium HOA, Saddleback Homeowners Association, (hereafter respondent). In their actions, appellants had alleged that the respondent HOA (and others with whom there were pre-trial settl... The PEOPLE, Plaintiff and Respondent, v. William Nelson MORGAN, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 Office of the Attorney General, Los Angeles, CA, for Plaintiff and Respondent. California Appellate Project, Los Angeles, CA, for Defendant and Appellant. THE COURT. [FN*] FN* DOI TODD, Acting P. J., ASHMANN-GERST, J., CHAVEZ, J. William Nelson Morgan (appellant) appeals from the judgment entered following a jury trial that resulted in his conviction of second degree commercial burglary (Pen.Code, § 459). [FN1] The trial court sentenced appellant to the low term of 16 months in state ... The PEOPLE, Plaintiff and Respondent, v. Michael Paul SOTO, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Jose I. Sandoval, Judge. Affirmed. Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent. ASHMANNGERST, J. A jury convicted Michael Paul Soto (appella... In re the MARRIAGE OF Harry V. and Dalila A. ATHERLEY. Harry Vaughn Atherley, Respondent, v. Dalila Araceli Atherley, Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Robert B. Axel, Commissioner. Affirmed. Law Offices of Richard N. Deyo and Richard N. Deyo for Appellant. Artiano & Associates, James Artiano and Eric M. Nakasu for Respondent. KITCHING, J. INTRODUCTION Dalila Araceli Atherley appeals from an award of spousal support in a judgment of dissolution of her marriage to Harry Vaughn Atherley. We find that the trial court considered the required statutory circumstances i... In re I.R., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. I.R., Defendant and Appellant. , Cal.App. 5 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Fresno County. James R. Oppliger and David Andrew Gottlieb, Judges. [FN] FN Judge Oppliger presided over the jurisdiction hearing. Judge Gottlieb presided over the disposition hearing. Tim Warriner, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Lloyd G. Carter and Kathleen A. McKenna, Deputy Attorneys General, f... The PEOPLE, Plaintiff and Respondent, v. Levon DAVIS, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Norm Shapiro, Judge. Dismissed. Ann Kraus, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent. TURNER, P.J. Defendant, Levon Davis, purports to appeal from an April 20, 2009 order denying his coram nobis petition. We previously affirmed the judgment in defendant's direct appeal. (People v. Davis (Sep. 26, 1994, B080241) [nonpub. opn.].) On May 3... In re C.M., a Person Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. A.T. et al., Defendants and Respondents; C.M., Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Emily Stevens, Judge. Affirmed. Eva E. Chick, under appointment by the Court of Appeal, for Appellant. No appearance by Plaintiff and Respondent. No appearance by Defendants and Respondents. MOHR, J. [FN*] FN* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. INTRODUCTION Minor C.M. appeals from a juvenile court order dismiss... The PEOPLE, Plaintiff and Respondent, v. Edmond OWENS, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of the County of Los Angeles, Rand S. Rubin, Judge. Affirmed in part, reversed in part, and remanded with directions. Susan Morrow Maxwell, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, Erika D. Jackson, Deputy Attorney General, for Plaintiff and Respondent. MOSK, J.... MURRAY COMPANY, Appellant, v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, Respondent; California Department of Industrial Relations, Division of Occupational Safety and Health, Real Party in Interest. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. James C. Chalfant, Judge. Affirmed. Atkinson, Andelson, Loya, Ruud & Romo, Eugene F. McMenamin and Jennifer D. Cantrell for Appellant. J. Jeffrey Mojcher, Chief Counsel, and Heidi B. Smith, Industrial Relations Counsel III, for Respondent. Michael D. Mason, Chief Counsel, and William C. Cregar, for Real Party in Interest. MANELLA, J. The trial court denied appellant Murray Company's petition for writ of administrati... Jose DIAZ, Plaintiff and Respondent, v. George W. SHACKELFORD, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Soussan G. Bruguera, Judge. Reversed and remanded. Matthew C. Long for Defendant and Appellant. Law Offices of Peter Beck and Peter Beck for Plaintiff and Respondent. ASHMANN-GERST, J. Defendant and appellant George W. Shackelford (defendant) challenges a trial court judgment awarding damages to plaintiff and respondent Jose Diaz (plaintiff) arising from a labor claim. He contends that (1) the trial court judgment v... The PEOPLE, Plaintiff and Respondent, v. Stephon WHITE, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Patricia Titus, Judge. Affirmed. Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan Sullivan Pithey and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent. BIGELOW, J. A jury convicted Stephon White of one co... In re MARRIAGE OF Deborah C. and Jon S. TYRELL. Deborah C. Tyrell, Appellant, v. Jon S. Tyrell, Respondent. , Cal.App. 2 Dist., November 17, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Elizabeth R. Feffer, Judge. Affirmed. Law Offices of Lee W. Salisbury and Lee W. Salisbury, for Appellant. Helms & Myers and Sterling E. Myers, for Respondent. MANELLA, J. Appellant challenges the family court's order modifying her spousal support from $2092 to $3092 for a one-year period. We affirm. RELEVANT FACTS AND PROCEDURAL BACKGROUND Appellant Deborah C. Tyrell and respondent Jon S. Tyrell were married in 198... Rachel HARARI, Plaintiff and Appellant, v. Abe HECHT, as Trustee, etc., Defendant and Respondent. , Cal.App. 2 Dist., November 17, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Aviva K. Bobb, Judge. Affirmed. Hammer Law Offices, Sheryl Hammer and Robert S. Gerstein for Plaintiff and Appellant. Augustine and Seymour and Michael R. Augustine for Defendant and Respondent. MANELLA, J. In the underlying action, appellant Rachel Harari, a beneficiary of the Hecht Family Trust (the Trust), moved to set aside an order of the probate court affirming a "binding mediation," which purported to resolve a... The PEOPLE, Plaintiff and Respondent, v. Angel HERNANDEZ, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Susan M. Speer, Judge. Affirmed. Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent. ASHMANN-GERST, J. After a two-day crime spree involving multiple v... The PEOPLE, Plaintiff and Respondent, v. Vernon T. JOHNSON et al., Defendants and Appellants. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Kennedy-Powell, Judge. Affirmed in part; reversed in part. Leslie Conrad, under appointment by the Court of Appeal, for Defendant and Appellant Vernon T. Johnson. Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant Jonathan Moore. Feria & Corona and Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant Michael Bennett. Edmund G. Brown, Jr.,... The PEOPLE, Plaintiff and Respondent, v. Christopher Manuel NOONE, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. William J. Birney, Jr., Judge. Affirmed. Tara Hoveland, under appointment by Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, David A. Voet, Deputy Attorney General, for Plaintiff and Respondent. BIGELOW, J. A jury found Christopher Noone guilty of assault with a de... CITY OF LOS ANGELES, Plaintiff and Respondent, v. PERSONAL ELECTRIC TRANSPORTS, INC., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, John Shook, Judge. Affirmed. Anthony P. Locricchio for Defendant and Appellant. Rockard J. Delgadillo, City Attorney, Richard M. Brown, General Counsel, Stanton J. Snyder and Dirk P. Broersma, Deputy City Attorneys, for Plaintiff and Respondent. MANELLA, J. Personal Electric Transports, Inc. (PET) appeals from a judgment confirming an arbitration award against it. We find PET failed to file a timely petition to vaca... The PEOPLE, Plaintiff and Respondent, v. Manuel Mata GONZALEZ, Defendant and Appellant. In re Manuel Mata Gonzalez, on Habeas Corpus. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Jerry E. Johnson, Judge. ORIGINAL PROCEEDING; petition for writ of habeas corpus. Appeal affirmed in part, reversed in part and remanded with directions. Writ petition denied. Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Chung L. Mar and Laure... The PEOPLE, Plaintiff and Respondent, v. Felix M. RODRIGUEZ, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, George Genesta, Judge. Affirmed. Chris R. Redburn, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, and David F. Glassman, Deputy Attorneys 'General, for Plaintiff and Respondent. PERLUSS, P.J. On appeal following his conviction for second degree... TRI/SAM DEVELOPMENT, INC., Plaintiff and Appellant, v. Pablo Leyden LACUARA et al., Defendants and Respondents. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Ralph W. Dau, Judge. Affirmed. Schuler & Brown, Daniel E. Hoffman and Sam D. Ekizian for Plaintiff and Appellant Tri/Sam Development, Inc. Bremer, Whyte, Brown & O'Meara, Keith G. Bremer and Monique R. Linson; Everett L. Skillman for Defendants and Respondents Pablo Leyden Lacuara and Leyden Corporation. PERLUSS, P.J. Tri/Sam Development, Inc. (Tri/Sam) appeals from the adverse judgment in its action for breach of... In re MARRIAGE Of Mary and Michael C. THEURER. Mary C. Theurer, Appellant, v. Michael C. Theurer, Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEALS from a judgment of the Superior Court of Los Angeles County, John W. Ouderkirk, Judge and Keith M. Clemens, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed as modified. Mazur & Mazur, Janice R. Mazur and William E. Mazur, Jr., for Appellant Mary C. Theurer. Law Office of Bruce Adelstein and Bruce Adelstein; Levin, Margolin & Itzkowitz and Lionel P. Levin for Appellant Michael C. Theurer. PERLUSS, P.J. Mary C. Theurer and Michael C. Theurer cross-appeal f... Lois FARRELL, Plaintiff and Respondent, v. Donald R. FARRELL, Defendant and Appellant. , Cal.App. 1 Dist., November 17, 2009 Michele Lynn McGill, Law Office of Michele L. McGill, Edward Angelo Ottonello, San Francisco, CA, for Plaintiff and Respondent. Richard A. Canatella, Cotter & Del Carlo, San Francisco, CA, for Defendant and Appellant. RUVOLO, P.J. I. INTRODUCTION Appellant Donald Farrell (Donald) [FN1] seeks to reverse an order of the probate court entered on a verified petition filed by his deceased brother's widow, Lois Farrell (Lois). The petition sought judicial construction of a trust instrument e... The PEOPLE, Plaintiff and Respondent, v. SIEM YONG, Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Folsom State Prison, Folsom, CA, Janice Wellborn, Attorney at Law, San Francisco, CA, for Defendant and Appellant. HULL, Acting P.J. Following a jury trial, defendant Siem Yong was convicted of possession of methamphetamine for sale and possession of a firearm during the commission of that offense. In bifurcated proceedings, the court found true the allegation that defendant had suffered a serious prior... The PEOPLE, Plaintiff and Respondent, v. Lorie Deann JONES, Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Maureen Michele Bodo, San Francisco, CA, for Defendant and Appellant. SIMS, J. After the jury heard evidence that defendant Lorie Deann Jones, a former Hallmark store employee, processed false merchandise returns, it found her guilty of five counts of petty theft (Pen.Code, §§ 484, 488; undesignated statutory references are to the Penal Code) and five counts of identity theft (§ 530.5, subd. (a)). Defen... IMPERIAL ASSET MANAGEMENT, LLC, Plaintiff, Cross-Defendant and Respondent, v. MATTHEWS LAND, INC., Defendant, Cross-Complainant and Appellant; Westmount Properties, LLC, Cross-Defendant and Respondent. , Cal.App. 4 Dist., November 17, 2009 APPEAL from a judgment and an order of the Superior Court of Imperial County, Joseph W. Zimmerman, Judge. Judgment reversed in part; affirmed in part. Order reversed in part; affirmed in part. Eric V. Rowen, Greenberg Traurig, LLP, Santa Monica, CA, for Plaintiff, Cross-Defendant and Respondent. William Henry Parish, Parish & Small, A Professional Law Corp., Stockton, CA, for Defendant, Cross-Complainant and Appellant. Daniel Adam Platt, Katten Muchin Rosenman LLP, Los Angeles, CA, for ... The PEOPLE, Plaintiff and Respondent, v. Brian Charles DUBRIN, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of San Bernardino County. Mary E. Fuller, Judge. Affirmed. David M. Morse, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Ronald A. Jakob and Raymond M. DiGuiseppe, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GAUT, J. Defendant, Brian Charles Dubrin, committed separate offenses on different dates, while an inmate in a penal ... John V. COLEN, Plaintiff and Appellant, v. RIVERSIDE COUNTY BOARD OF SUPERVISORS, Defendant and Respondent. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of Riverside County. Sharon J. Waters, Judge. Affirmed. John V. Colen, in pro. per., for Plaintiff and Appellant. Rinos & Martin, Linda B. Martin, and Celeste Brustowicz for Defendant and Respondent. OPINION RICHLI, J. John V. Colen appeals from the denial of his petition for relief from the claim filing requirements of the Government Claims Act. (Gov.Code, § 810 et seq.) I GENERAL LEGAL PRINCIPLES "Under the Government Claims Act, 'no suit for "mon... The PEOPLE, Plaintiff and Appellant, v. Alberto Avena RAMIREZ, Defendant and Respondent. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of San Bernardino County. Michael A. Knish, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Michael A. Ramos, District Attorney, and Grover D. Merritt and Grace B. Parsons, Deputy District Attorneys, for Plaintiff and Appellant. Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Respondent. OPINION RICHLI, Acting P.J. The People appeal the grant of defendant Alberto Avena Ramirez's petition for wri... The PEOPLE, Plaintiff and Respondent, v. Bert Douglas DEWEY, Defendant and Appellant. , Cal.App. 6 Dist., November 17, 2009 Martin S. Kaye, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Eric Weaver, Albany, CA, for Defendant and Appellant. ELIA, J. Appellant Bert Dewey was charged with one count of possessing child pornography. (Pen.Code, § 311.11, subd. (a).) Appellant entered a plea of guilty, in exchange for an indicated sentence of four years in state prison "top and bottom." On appeal, appellant contends that the tria... The PEOPLE, Plaintiff and Respondent, v. Liggins WALDROP, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 Office of the Attorney General, Los Angeles, CA, for Plaintiff and Respondent. California Appellate Project, Los Angeles, CA, for Defendant and Appellant. THE COURT. [FN*] FN* BOREN, P.J., DOI TODD, J., ASHMANN-GERST, J. Liggins Waldrop (appellant) appeals following his plea of "no contest" to one count of leaving the scene of a vehicular accident resulting in serious injury to another person, a violation of Vehicle Code section 20001, subdivision (a). The trial court sentenced appell... The PEOPLE, Plaintiff and Respondent, v. Andrew Mark MONTEMAYOR, Defendant and Appellant. , Cal.App. 5 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Richard Power, under appointment by the Court of Appeal, for Defendant and and Appellant. No appearance for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Levy, Acting P.J., Cornell, J. and Kane, J. In the early morning hours of March 30, 2008, someone fired several gunshots at a home on "M" Street in Reedley. Officers who arrived to investigate spoke to a Sureno gang member who d... David JESSEN, Plaintiff and Appellant, v. MENTOR CORPORATION, Defendant and Respondent. , Cal.App. 2 Dist., November 17, 2009 APPEAL from an order of the Superior Court of Los Angeles County, John H. Reid, Judge. Affirmed. Gary Rand & Suzanne E. Rand-Lewis for Plaintiff and Appellant. Kalland & Romag and James J. Romag for Defendant and Respondent. PERLUSS, P.J. David Jessen appeals from a postjudgment order awarding Mentor Corporation $11,617.88 in costs as the prevailing party in Jessen's product liability action. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Jessen sued Mentor, a medical device manufac... The PEOPLE, Plaintiff and Respondent, v. Erick RAMIREZ, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Craig E. Veals, Judge. Affirmed as modified and remanded with directions. Sally Patrone Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent. CHANEY, J. Erick R... The PEOPLE, Plaintiff and Respondent, v. Joshua Allen KANE, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Gary E. Daigh, Judge. Affirmed in part, reversed in part and remanded. Marylou Hillberg, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Ellen Birnbaum Kehr, Deputy Attorneys General, for Plaintiff and Respondent. PERLUSS, P.J. A jury convicted Joshua Allen Kane of carjacking, se... D.N., Sr., Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Los Angeles County Department of Children and Family Services et al., Real Parties in Interest. , Cal.App. 2 Dist., November 17, 2009 ORIGINAL PROCEEDING; petition for extraordinary writ. Marilyn Mackel, Commissioner. Petition denied. Los Angeles Dependency Lawyers, Inc., Law Office of Timothy Martella, Eliot Lee Grossman and Sarah Shon, for Petitioner. No appearance for Respondent. Richard E. Kalunian, Acting County Counsel, James M. Owens, Assistant County Counsel, and Navid Nakhjavani, Senior Associate County Counsel, for Real Party in Interest, Department of Children and Family Services. No appearance for Real ... In re J.A. et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. A.N., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Jan G. Levine, Judge. Affirmed. Neale B. Gold, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Los Angeles County Counsel, James M. Owens, Assistant County Counsel, and Navid Nakhjavani, Senior Associate County Counsel, for Plaintiff and Respondent. KRIEGLER, J. A.N. (mother) appeals from the judgment of May 20, 2009, declaring her 12-year-old son J., 10-year-old daughter A., fiv... The PEOPLE, Plaintiff and Respondent, v. Raul Anthony FLORES, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Philip H. Hickok, Judge. Affirmed. Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. JOHNSON, J. On April 9, 2008, defendant Raul Anthony Flores was riding a bicycle and failed to stop at stop sign, a violation of Vehicle Code section 22450, subdivision (a). A police officer stopped him to issue a traffic citation and, with Flores's per... In re Z.M. et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. M.V., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Zeke Zeidler, Judge. Affirmed. Marissa Coffey, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, James M. Owens, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent. KRIEGLER, J. M.V. (mother) appeals from the judgment of March 25, 2009, declaring her daughters, J.C. and Z.M., dependents of the court under Welfare and Ins... The PEOPLE, Plaintiff and Respondent, v. Ruben Gerardo ROBLES, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Bruce F. Marrs, Judge. Appeal dismissed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ZELON, J. After watching defendant Ruben Gerardo Robles struggle to maintain his balance while riding a bicycle, police officers approached. Defendant stopped riding and dropped come plastic containing methamphetamine. Defendant was charged by inf... In re D.A., et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. A.A., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from orders of the Superior Court of Los Angeles County, Margaret Henry, Judge. Affirmed. Ernesto Paz Rey, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Los Angeles County Counsel, James M. Owens, Assistant County Counsel and Denise M. Hippach, Associate County Counsel for Plaintiff and Respondent. EPSTEIN, P.J. Father A.A. appeals from the termination of his parental rights as to four of his eight children who were subjects of this depe... In re L.K., JR., et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. L.K., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Sherri Sobel, Juvenile Court Referee. Affirmed as modified. Linda Rehm, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, James M. Owens, Assistant County Counsel, Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent. KRIEGLER, J. L.K. (father) appeals from the judgment of March 9, 2009, [FN1] declaring L., I., and L., Jr., (the children) dependents of ... In re A.V., et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. T.V., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Marilyn Martinez, Juvenile Court Referee. Affirmed. John C. Cahill, under appointment by the Court of Appeal, for Defendant and Appellant. James M. Owens, Assistant County Counsel, and Frank J. DaVanzo, Principal Deputy County Counsel, for Plaintiff and Respondent. WOODS, J. T.V. the mother of A.V. appeals the juvenile dependency court's order denying her Welfare and Institutions Code [FN1] section 388 petition seek... Luke VU, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Ralphs Grocery Company, et al., Real Parties in Interest. , Cal.App. 2 Dist., November 17, 2009 ORIGINAL PROCEEDINGS; application for a writ of mandate. Gregory Alarcon, Judge. Petition for writ of mandate granted. Harris & Kaufman and Matthew A. Kaufman for Petitioner. No appearance for Respondent. Reed Smith, Linda S. Husar and Steven B. Katz for Real Parties in Interest. WOODS, J. SUMMARY The plaintiff filed a class action against his employer, alleging the employer had violated the Labor and Business and Professions Codes by denying meal and rest periods and then failing... In re MARRIAGE OF James J. ISAACS and Janette M. Isaacs. James J. Isaacs, Respondent, v. Janette M. Isaacs, Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas Trent Lewis, Judge Presiding. Affirmed. Janette M. Isaacs, in pro per, for Appellant. James L. Keane for Respondent. WOODS, J. Janette Isaacs appeals from the judgment entered in a bifurcated trial to resolve certain issues relating to the date of separation, characterization and division of property, credits and reimbursement claims and spousal and child support in the marital dissolution proceedings betwee... The PEOPLE, Plaintiff and Respondent, v. James Lamar JACKSON, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed as modified with directions. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Gary V. Crooks, San Diego, CA, for Defendant and Appellant. HUFFMAN, J. A jury convicted James Lamar Jackson of second degree murder. (Pen.Code, [FN1] § 187, subd. (a).) The jury also found true an allegation that Jackson used and discharged a firearm. (§§ 12022.5, subd. (a), 1202... The PEOPLE, Plaintiff and Respondent, v. Gregory Carl KILGORE, Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Melanie Katherine Dorian, Attorney at Law, Glendale, CA, for Defendant and Appellant. HULL, Acting P.J. A jury convicted defendant Gregory Carl Kilgore of possession of heroin (count 1; Health & Saf.Code, § 11350, subd. (a)), possession of cocaine (count 2; Health & Saf.Code, § 11350, subd. (a)), possession of heroin for sale (count 3; Health & Saf.Code, § 11351), transportation of heroin (count 5; Hea... The PEOPLE, Plaintiff and Respondent, v. Nickolas John VAN DOORN, Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 ROBIE, J. A jury found defendant Nickolas John Van Doorn guilty of spousal abuse (with a finding he inflicted great bodily injury) and battery with serious bodily injury. Defendant then admitted he had a prior prison term. He subsequently entered a plea of no contest in a separate case to the unauthorized use of a vehicle, in exchange for concurrent sentencing. The court sentenced him to prison, imposing the upper terms for spousal abuse and the injury enhancement, along with an additional y... The PEOPLE, Plaintiff and Respondent, v. Loren Charles GONZALES, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from the Superior Court of San Bernardino County. Ingrid Adamson Uhler, Judge. Affirmed. Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton, Janet Neeley, and Bradley A. Weinreb, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GAUT, J. Defendant Loren Charles Gonzales appeals... In re T.S., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. T.S., Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. David Samuel Brody, San Francisco, CA, for Defendant and Appellant. ROBIE, J. Minor T.S. appeals from the juvenile court's dispositional order following a contested hearing that committed him to the Division of Juvenile Justice (Juvenile Justice Division). He contends the court violated his right to due process because its written order of commitment specifies a maximum period of confinement in excess o... In re H.S., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. H.S., Defendant and Appellant. , Cal.App. 3 Dist., November 17, 2009 ROBIE, J. In the course of a fight in the parking lot of Kentucky Fried Chicken, the minor, H. S., pulled out a knife and swung it at the victim, J.M. J.M.'s head was cut open and he was left with several scars. The minor was charged with assault with a deadly weapon (a knife) and criminal threats. It was further alleged the minor had personally used a deadly weapon and personally inflicted great bodily injury. Following a contested hearing, the court found the minor had committed the assa... In re L.B., a Person Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. H.R., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from orders of the Superior Court of Los Angeles County, Stanley Genser, Juvenile Court Referee. Affirmed. Karin S. Collins, under appointment by the Court of Appeal, for Defendant and Appellant. Raymond G. Fortner, Jr., County Counsel, James M. Owens, Assistant County Counsel, and Judith A. Luby, Deputy County Counsel, for Plaintiff and Respondent. MANELLA, J. H.R. (mother) appeals from the juvenile court's jurisdictional order sustaining a Welfare and Institutions Code sect... In re B.R., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. B.R., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Shep Zebberman, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and Julie A. Harris, Deputy Attorneys General, for Plaintiff and Respondent. K... In re A.H., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. A.H., Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from orders of the Superior Court of Los Angeles County, Jack J. Gold, Judge. Modified and affirmed. Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent. KLEIN, P. J. A.H. appeals the judgment (order declaring A.... The PEOPLE, Plaintiff and Respondent, v. Jorge Alfredo BAUTISTA, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald V. Skyers, Judge. Affirmed. Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and E. Carlos Dominguez, Deputy Attorneys General, for Plaintiff and Respondent. MANELLA, J. In this appeal, Jorge Alfredo Bautista challenges the sufficiency of the evidence to support his c... In re Anthony MARTINEZ, on Habeas Corpus. , Cal.App. 4 Dist., November 17, 2009 ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Petition granted. Daniel J. Broderick, Federal Defender, and Ann C. McClintock, Assistant Federal Defender, under appointment by the Court of Appeal, for Petitioner. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Heather Bushman and Kathleen R. Frey, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GAUT, Acting P.J. INTR... The PEOPLE, Plaintiff and Respondent, v. Bruce Duane NELSON, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 Frank J. Ochoa, Jr., Judge, Superior Court County of Santa Barbara. Susan B. Gans-Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Nima Razfar, Deputy Attorney General, for Plaintiff and Respondent. YEGAN, J. Bruce Duane Nelson appeals his conviction, by jur... Elaine T. YAFFE, Plaintiff, v. Eddie MENDELSOHN et al., Defendants and Respondents; Krane & Smith et al., Objectors and Appellants. , Cal.App. 2 Dist., November 17, 2009 APPEAL from order of the Superior Court of Los Angeles County. Elizabeth Allen White, Judge. Reversed. Krane & Smith, Marc Smith, Ann Penners Bergen and Mark E. Goodfriend for Objectors and Appellants. Curry & Associates and K. Todd Curry for Defendants and Respondents. JOHNSON, J. Marc Smith and Krane & Smith, counsel for Elaine T. Yaffe, appeal from the trial court's award of $6,000 in monetary sanctions against them in connection with a third-party subpoena they issued to the accoun... The PEOPLE, Plaintiff and Respondent, v. Zain HOLMES, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Craig E. Veals, Judge. Affirmed. Verna Wefald, under appointment by the Court of Appeal for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, Julie A. Harris, Deputy Attorney General, for Plaintiff and Respondent. ZELON, J. Defendant Zai... John C. HERKLOTZ, Plaintiff and Appellant, v. PLAZA ENTERTAINMENT et al., Defendants and Respondents. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Kevin C. Brazile, Judge. Affirmed. Charles E. Ruben & Associates and Charles E. Ruben for Plaintiff and Appellant. David S. Fisher, a Professional Corporation and David S. Fisher for Defendant and Respondent Charles Von Bernuth. Stowell, Zeilenga, Ruth, Vaughn & Trieger and David T. Stowell for Defendant and Respondent Thomas G. Gehring. ZELON, J. Plaintiff John Herklotz appeals judgment entered after the court s... Fathy ABDELRAHIM, Plaintiff and Appellant, v. GUARDSMARK, LLC, et al., Defendants and Respondents. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Ann Jones, Judge. Affirmed. Gary Rand & Suzanne E. Rand-Lewis for Plaintiff and Appellant. Low, Ball & Lynch, Steven D. Werth and Laura S. Flynn for Defendants and Respondents. WOODS, J. Appellant Fathy Abdelrahim appeals from the judgment upon an order for directed verdicts on his negligence and misrepresentation claims and a jury verdict in favor of respondent Guardsmark, LLC ("Guardsmark") on the remaining claims... The PEOPLE, Plaintiff and Respondent, v. Charles PEMBROKE, Defendant and Appellant. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Charles Pembroke, in pro. per.; and Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ZELON, J. Charles Pembroke was charged by amended information with one count of gross vehicular manslaughter while intoxicated (Pen.Code, § 191.5, subd. (a), Veh.Code, §§ 3140, 23152 and 23153). After two trials ended in ... Jon M. GUNDERSON, Plaintiff and Respondent, v. Richard WALL et al., Defendants and Appellants. , Cal.App. 2 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Rolf M. Treu, Judge. Affirmed in part and reversed in part. Ivie, McNeill & Wyatt, Rickey Ivie, Jennifer R. Jacobs, and Davida M. Frieman for Defendants and Appellants Richard Wall and Welded Fixtures, Inc. Brown & White, Thomas M. Brown, Kenneth P. White, and Jennifer S. Keh for Defendant and Appellant Christopher Gruys. Baute & Tidus, Jeffrey A. Tidus, David P. Crochetiere, and Patrick M. Maloney for Plaintiff and Res... NUTRAGENETICS, LLC, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Robert Cavenah, Real Party in Interest. , Cal.App. 2 Dist., November 17, 2009 ORIGINAL PROCEEDINGS in mandate. Holly E. Kendig, Judge. Petition denied. Stearns Kim & Stearns, Lawrence B. Bemis, Ryan E. Stearns and Lauren B. Browne for Petitioner. No appearance for Respondent. Gallo & Associates, Ray E. Gallo and Sharon S. Laveson for Real Party in Interest. MOHR, J. [FN*] FN* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. SUMMARY This writ proceeding challenges t... The PEOPLE, Plaintiff and Respondent, v. Nathaniel ARCHER, Defendant and Appellant. , Cal.App. 4 Dist., November 17, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Kerry Wells, Judge. Affirmed in part; reversed in part. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Meredith A. Strong, Deputy Attorneys General, for Plaintiff and Respondent. BENKE, J. A jury found appellant Nathaniel A... EPIC COMMUNICATIONS, INC., et al., Plaintiffs and Appellants, v. RICHWAVE TECHNOLOGY, INC., et al., Defendants and Respondents. , Cal.App. 6 Dist., November 17, 2009 Santa Clara County Superior Court, Superior Court No.: CV076689, The Honorable Kevin E. McKenney. Greenberg Traurig, J. James Li, Cindy Hamilton, David Perez, for Plaintiffs and Appellants Epic Communications, Inc., et al. Wang, Hartman, Gibbs & Cauley, Richard F. Cauley, Peter O. Huang, for Defendants and Respondents Richwave Technology, Inc., et al. RUSHING, P.J. This is an action by a Taiwanese corporation and its California subsidiary seeking damages for an alleged misappropriat... The PEOPLE, Plaintiff and Respondent, v. Monica Ann COOPER, Defendant and Appellant. , Cal.App. 3 Dist., November 16, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Tutti Hacking, Attorney at Law, Klamath River, CA, for Defendant and Appellant. BLEASE, Acting P.J. Defendant Monica Ann Cooper pleaded no contest to possession of methamphetamine for sale (Health & Saf.Code, § 11378--count 1) and misdemeanor child endangerment (Pen.Code, § 273a, subd. (b)--count 2) in exchange for dismissal of other charges against her. She was released on her own recognizance for near... The PEOPLE, Plaintiff and Respondent, v. GUS GERARD LAVERRIERE, Defendant and Appellant. , Cal.App. 6 Dist., November 16, 2009 David M. Baskind, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Elisa Rene Nadeau Mountain View, CA, for Defendant and Appellant. DUFFY, J. Defendant Gus Gerard Laverriere was convicted after a jury trial of carjacking a public bus in which he was a passenger. In bifurcated proceedings, the court found true the allegation that defendant had a prior serious felony conviction. After the court on its own... BACCARAT FREMONT, LLC, Plaintiff and Appellant, v. ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT et al ., Defendants and Respondents. , Cal.App. 1 Dist., November 16, 2009 Robert Rory Moore, Allen, Matkins et al., San Francisco, CA, for Plaintiff and Appellant. Audrey Anne Beaman, Alameda County Counsel, Oakland, CA, Todd Boley, Henry Sanford Hewitt, Erickson, Beasley, Hewitt & Wilson, Oakland, CA, David M. O'Hara, Fremont, CA, Peter McGaw, William Eric Blumhardt, Archer Norris, Walnut Creek, CA, for Defendants and Respondents. REARDON, J. Many years ago, respondents Alameda County Flood Control and Water Conservation District (ACFCD) and Union Sanitary... The PEOPLE, Plaintiff and Respondent, v. Ryan James ELLIS, Defendant and Appellant. , Cal.App. 3 Dist., November 16, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. William George Prahl, Gold River, CA, for Defendant and Appellant. BUTZ, J. A jury found defendant Ryan James Ellis guilty of assault with a firearm (Pen.Code, § 245, subd. (a)(2)), [FN1] with a true finding that he personally used a firearm in the commission of the offense (§ 12022.5, subds.(a), (d)). The jury subsequently found true the allegation that defendant had sustained a prior robbery convictio... The PEOPLE, Plaintiff and Respondent, v. Christopher Travon BRADLEY, Defendant and Appellant. , Cal.App. 4 Dist., November 16, 2009 APPEAL from the Superior Court of Riverside County. Helios (Joe) Hernandez, Judge. Dismissed. Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and Respondent. OPINION McKINSTER, Acting P.J. In an information filed on January 19, 20... In re L.V., a Person Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. Jorge V., Defendant and Appellant. , Cal.App. 4 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Affirmed. Jorge V. appeals a judgment terminating his parental rights to his minor daughter, L.V., under Welfare and Institutions Code [FN1] section 366.26. Jorge argues the evidence was insufficient to support the court's findings that the beneficial parent-child relationship exception of section 366.26, subdivision (c)(1)(B)(i), did not apply to preclude termination of his parental rights. We affirm ... The PEOPLE, Plaintiff and Respondent, v. Ronald BROWN, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Frederick N. Wapner, Judge. Affirmed as modified and remanded with directions. Randy S. Kravis, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Senior Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth C. Byrne and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent. DOI TODD, A... The PEOPLE, Plaintiff and Respondent, v. Ricky Lee MOSS, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Richard J. Oberholzer, Judge. Affirmed as modified. Mitchell Keiter, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent. DOI TODD, J. A jury convicted Ricky Lee Moss (ap... The PEOPLE, Plaintiff and Respondent, v. Mauricio Eduardo MAGANA, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Darlene E. Schempp, Judge. Reversed in part and affirmed in part. Jennifer A. Mannix, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, Richard S. Moskowitz and Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent. ... Michael BERRY et al., Plaintiffs and Appellants, v. CITY OF ANTIOCH et al., Defendants and Respondents. , Cal.App. 1 Dist., November 16, 2009 Waukeen Q. McCoy, San Francisco, CA, for Plaintiffs and Appellants. Gary A. Watt, McNamara Dodge Ney et al., Walnut Creek, CA, for Defendants and Respondents. ORDER MODIFYING OPINION THE COURT. It is ordered that the opinion filed herein on November 10, 2009, be modified in the following particulars: 1. On page 7, the second full paragraph, consisting of one sentence, is modified by deleting the word "denied" and inserting the word "granted." The sentence will now read: The trial ... The PEOPLE, Plaintiff and Respondent, v. Jose Maria GOMEZ, Defendant and Appellant. , Cal.App. 6 Dist., November 16, 2009 Joan Killeen, Office Of The Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, David D. Martin, Alameda, CA, for Defendant and Appellant. BAMATTRE-MANOUKIAN, Acting P.J. I. INTRODUCTION After a jury trial, defendant Jose Maria Gomez was convicted of three counts of aggravated sexual assault (forcible rape) of a child under the age of 14 and 10 or more years younger than defendant (former Pen.Code, § 269, added by Stats.1... The PEOPLE, Plaintiff and Respondent, v. Anthony Richard ESTRADA, Defendant and Appellant. , Cal.App. 6 Dist., November 16, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Tracy Lee Henderson, Salinas, CA, for Defendant and Appellant. MIHARA, J. Defendant Anthony Richard Estrada pleaded no contest to infliction of corporal injury on a spouse (Pen.Code, § 273.5, subd. (a)) in two separate cases (case Nos. SS070572A, SS072282A). The trial court suspended imposition of sentence and placed defendant on probation for three years ... Paul J. ANDERSON, Plaintiff and Appellant, v. WEST MARINE, INC., et al., Defendants and Respondents. , Cal.App. 2 Dist., November 16, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Alan S. Rosenfield, Judge. Affirmed. Yvonne M. Renfrew for Plaintiff and Appellant. Greenberg Traurig, Frank E. Merideth, Jr. and Thomas H. Godwin for Defendants and Respondents West Marine, Inc., Pamela J. Fields, Ian C. Ballon, and Greenberg Traurig, LLP. Gibson, Dunn & Crutcher, Kevin Rosen and Margaret A. Farrand for Defendants and Respondents Dow Lohnes PLLC and Jonathan Hill. Gaims, Weil, West & Epstein, Alan Jay... In re CASSANDRA R., a Person Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. Gerardo R. M., Defendant and Appellant. , Cal.App. 4 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Dismissed. AARON, J. Gerardo R.M. appeals the findings and orders entered at a special hearing during which the court issued a placement order. Citing In re Sade C. (1996) 13 Cal.4th 952, he asks this court to exercise its discretion to review the record for error. In In re Sade C., the California Supreme Court held that review pursuant to People v. Wende (1979) 25 Cal.3d 436 is unavailable in "a... Kimberly KLEIN, Plaintiff and Appellant, v. Robert G. KLEIN, as Executor, etc., Defendant and Respondent. , Cal.App. 2 Dist., November 16, 2009 James W. Brown, Judge, Superior Court County of Santa Barbara. Law Offices of Jonathan P. Chodos and Jonathan P. Chodos for Plaintiff and Appellant. Hill, Trager & Colton and Timothy J. Trager for Defendant and Respondent. PERREN, J. Michael and Kimberly Klein were the divorced parents of Talia. They agreed to modify an existing marital settlement agreement to provide child support for Talia and to require that Michael procure a life insurance policy that would guarantee those payme... Vartan KOJABABIAN, Plaintiff and Appellant, v. Boris TREYZON et al., Defendants and Respondents. , Cal.App. 2 Dist., November 16, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Joseph R. Kalin, Judge. Affirmed. Varoujan Nalbandian for Plaintiff and Appellant. Treyzon & Associates, Boris Treyzon and Renata R. Salo for Defendants and Respondents. DOI TODD, J. Plaintiff and appellant Vartan Kojababian appeals from an order sustaining a demurrer without leave to amend to a complaint filed against defendants and respondents Boris Treyzon and Treyzon & Associates (sometimes collectively Treyzon) w... The PEOPLE, Plaintiff and Respondent, v. Luis Alberto GUTIERREZ, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Margaret Miller Bernal, Judge. Affirmed. Joanie P. Chen, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr. and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent. JOHNSON, J. On April 25, 2008, a jury found appell... The PEOPLE, Plaintiff and Respondent, v. Leonard Earl THOMPSON, Defendant and Appellant. , Cal.App. 6 Dist., November 16, 2009 John H. Deist, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Thomas M. Singman, Albany, CA, for Defendant and Appellant. PREMO, J. Defendant Leonard Earl Thompson was convicted by a jury of one count of first degree murder (Pen.Code, § 187, count 1) [FN1] and one count of felony false imprisonment (§§ 236, 237, count 2). The jury also found true the allegations that Thompson intentionally and persona... The PEOPLE, Plaintiff and Respondent, v. Marvin Nelson STEWART, Defendant and Appellant. , Cal.App. 6 Dist., November 16, 2009 Brent Walter Wilner, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Gerald A. Clausen, Law Offices of Gerald Clausen, San Francisco, CA, for Defendant and Appellant. ELIA, J. Appellant Marvin Stewart challenges the denial of presentence custody credits against his 10-year sentence for assault with a deadly weapon. In essence, he asserts that his parole was revoked for the same conduct as the new charge... The PEOPLE, Plaintiff and Respondent, v. Aaron ANDERSON, Defendant and Appellant. , Cal.App. 3 Dist., November 16, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. John P. Dwyer, San Francisco, CA, for Defendant and Appellant. HULL, Acting P.J. A jury found defendant Aaron Anderson guilty of the felonies of inflicting injury on a cohabitant, assaulting the cohabitant by means of force likely to inflict great bodily injury, and vandalism of police property, but was unable to reach a verdict on a further charge of resisting a peace officer. The court declared a mist... Jose INFANZON, Appellant, v. Ana Maria Jimenez CARDENAZ, Respondent. , Cal.App. 4 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Harry L. Powazek, Judge. Affirmed. Teresa Trucchi, Suppa Trucchi and Henein, San Diego, CA, for Appellant. Stephen Temko, San Diego, CA, for Respondent. AARON, J. I INTRODUCTION Jose Infanzon appeals from a judgment of the trial court in which the court made a final determination of custody of his three children, and ordered that his ex-wife, Ana Maria Jimenez Cardenaz, [FN1] be permitted to move to Guadalajara, M... James ANDERSON, Plaintiff and Appellant, v. Donald BERZ et al., Defendants and Respondents. , Cal.App. 4 Dist., November 16, 2009 APPEAL from the Superior Court of San Bernardino County. Keith D. Davis, Judge. Reversed in part and affirmed in part with directions. Law Offices of Gloria Dredd Haney and Gloria Dredd Haney for Plaintiff and Appellant. Liebert Cassidy Whitmore, Peter J. Brown and Donna R. Evans for Defendants and Respondents. OPINION KING, J. Plaintiff and appellant James Anderson (Anderson) sued defendants and respondents Chaffey Community College District (Chaffey) and certain officers and emp... The PEOPLE, Plaintiff and Respondent, v. Lawrence Ron McINNIS, Defendant and Appellant. , Cal.App. 6 Dist., November 16, 2009 Eric D. Share, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Irma Castillo, Berkeley, CA, for Defendant and Appellant. ELIA, J. Lawrence Ron McInnis was convicted by a jury of attempting to bribe witnesses to keep them from testifying at his nephew's trial for robbery and kidnapping. On appeal, he contends that the judgment should be reversed because of "outrageous governmental conduct" by a police investigating officer. Appellant further contends tha... The PEOPLE, Plaintiff and Respondent, v. Devin Jerome DENMARK et al., Defendants and Appellants. , Cal.App. 2 Dist., November 16, 2009 APPEALS from judgments of the Superior Court of Los Angeles County. Arthur H. Jean, Jr., Judge. Affirmed. Lea Rappaport Geller, under appointment by the Court of Appeal, for Defendant and Appellant Devin Jerome Denmark. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant Lamond Travione McCoy. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Lance E. Winters, Deputy Attorneys General, for P... The PEOPLE, Plaintiff and Respondent, v. Horacio NAYA, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Carol Rehm, Judge. Affirmed. Randy S. Kravis, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Shawn McGahey Webb, Deputy Attorneys General, for Plaintiff and Respondent. BOREN, P.J. Horacio Naya was convicted by jury of one count of se... Ralph MARTIN, Plaintiff and Respondent, v. James KNAUSS, Defendant and Appellant. , Cal.App. 1 Dist., November 16, 2009 Ralph Martin, Pittsburg, CA, Pro Per. Herman Franck V., Sacramento, CA, for Defendant and Appellant. SIGGINS, J. Ralph Martin filed a complaint against James Knauss for his alleged breach of a settlement agreement, fraud, and breach of the implied covenant of good faith and fair dealing. Knauss filed an anti-SLAPP motion to strike the causes of action for fraud and breach of the implied covenant. The trial court granted the motion to strike the fraud claim, but denied it as to the clai... The PEOPLE, Plaintiff and Respondent, v. Erik Charles EVANS, Defendant and Appellant. , Cal.App. 6 Dist., November 16, 2009 Office of the Attorney General, Ronald E. Niver, Office Of The Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Michael P. Thorman, Hayward, CA, for Defendant and Appellant. BAMATTRE-MANOUKIAN, Acting P.J. After his motion to suppress evidence (Pen.Code, § 1538.5) [FN1] was denied, defendant Erik Charles Evans entered into a negotiated plea agreement whereby he pleaded guilty to felony possession of methamphetamine (... The PEOPLE, Plaintiff and Respondent, v. Hector Aguirre LOPEZ, Defendant and Appellant. , Cal.App. 4 Dist., November 16, 2009 APPEAL from the Superior Court of Riverside County. Roger A. Luebs, Judge. Affirmed with directions. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting, and Theodore M. Cropley, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GAUT, J. 1. Introduction [FN1] FN1. All statutory ref... William HOWE et al., Plaintiffs and Appellants, v. BANK OF AMERICA N.A. et al., Defendants and Respondents. , Cal.App. 4 Dist., November 16, 2009 Appeal from a judgment of the Superior Court of Orange County, Ronald L. Bauer, Judge. Affirmed. The Rava Law Firm and Alfred G. Rava for Plaintiffs and Appellants. Morrison & Foerster, Arturo J. Gonzalez, William L. Stern and Claudia M. Vetesi, for Defendants and Respondents. OPINION BEDSWORTH, Acting P.J. Plaintiffs and appellants William Howe, Richard Boss and Bashir Ghazialam, acting on behalf of a putative class of "individuals of U.S. national origin and/or ancestry, as well... The PEOPLE, Plaintiff and Respondent, v. Douglas Mendes SOUZA, Defendant and Appellant. , Cal.App. 5 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Tulare County. Kathryn T. Montejano, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Levy, A.P.J., Hill, J., and Kane, J. On September 22, 2008, appellant Douglas Mendes Souza pled no contest to vehicular manslaughter (Veh.Code, § 192, subdivision (c)(1)) and admitted allegations that he had suffered one prior se... The PEOPLE, Plaintiff and Respondent, v. Travell Darnell POGUE, Defendant and Appellant. , Cal.App. 5 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge. A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Brook Bennigson, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GOMES, J. A jury found Travell Darnell Pogue guilty of attempted murder, first- degree burglary, and assault with a dea... The PEOPLE, Plaintiff and Respondent, v. James WILLIS, Defendant and Appellant. , Cal.App. 3 Dist., November 16, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Diane Louise Nichols, Attorney at Law, Grass Valley, CA, for Defendant and Appellant. ROBIE, J. A jury found defendant James Willis guilty of special-circumstance murder, second degree robbery, and being a felon in possession of a firearm and found he personally and intentionally discharged a firearm during commission of the robbery and murder. The trial court sentenced defendant to 25 years to life in ... ELECTRIC POINTE, LLC, et al., Plaintiffs and Appellants, v. THE CALIFORNIA COASTAL COMMISSION, et al., Defendants and Respondents. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Jacqueline A. Connor, Judge. Affirmed. Gates Eisenhart Dawson, James L. Dawson, Marc A. Eisenhart; Law Offices of Joseph E. Petrillo and Joseph E. Petrillo for Plaintiffs and Appellants. Edmund G. Brown, Jr., Attorney General, John A. Saurenman, Assistant Attorney General, Jamee Jordan Patterson, Deputy Attorney General, for Defendant and Respondent California Coastal Commission. Rockard J. Delgadillo, City Attorney, S... MR. WELT POCKET & CUTTING, INC., Plaintiff and Respondent, v. Lina El LAWN, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Susan Bryant-Deason, Judge. Affirmed. Christie Gaumer for Defendant and Appellant. The Guerrini Law Firm and John D. Guerrini for Plaintiff and Respondent. WOODS, J. Defendant Lina El Lawn appeals from the order denying her motion to set aside a default judgment contending she was never served with the complaint. We affirm. FACTUAL AND PROCEDURAL SYNOPSIS On May 11, 2007, Mr. Welt Pocket & Cutting, Inc. (Mr. Pocket)... Denise A. NARDI, Plaintiff and Appellant, v. Richard A. DeSANTIS et al., Defendants and Respondents. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. James A. Kaddo, Judge. Dismissed. Kevin M. Kallberg; and Denise A. Nardi for Plaintiff and Appellant. Lewis Brisbois Bisgaard & Smith, Raul L. Martinez and Kenneth C. Feldman for Defendants and Respondents. WOODS, J. INTRODUCTION Appellant, Denise A. Nardi (Nardi), appeals from a judgment confirming an arbitration award arising from an action in the Los Angeles County Superior Court entitled "Denise Nardi v. Richard ... In re M.S., a Person Coming Under the Juvenile Court Law. Merced Co. Human Services Agency, Plaintiff and Respondent, v. L.H., Defendant and Appellant. , Cal.App. 5 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Merced County. Harry L. Jacobs, Commissioner. Amy Z. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. James N. Fincher, County Counsel, and James B. Tarhalla, Deputy County Counsel, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, Acting P.J., Levy, J. and Kane, J. L.H. (father) appeals from an order terminating his parental rights (Welf. & Inst.Code, § 366.26) to his daughter, M. ... In re M.S., a Person Coming Under the Juvenile Court Law. Merced Co. Human Services Agency, Plaintiff and Respondent, v. A.S., Defendant and Appellant. , Cal.App. 5 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Merced County. Harry L. Jacobs, Commissioner. Darlene Azevedo Kelly, under appointment by the Court of Appeal, for Defendant and Appellant. James N. Fincher, County Counsel, and James B. Tarhalla, Deputy County Counsel, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, Acting P.J., Levy, J. and Kane, J. A.S. (mother) appeals from an order terminating parental rights (Welf. & Inst.Code, § 366.26) to her three-ye... Trevor DUNNE, Plaintiff and Respondent, v. Charles LARA, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 James W. Brown, Judge, Superior Court County of Santa Barbara. Law Offices of Patric H.R. Weddle, Patric H.R. Weddle, for Defendant and Appellant. Paul R. Burns, Lascher & Lascher, Wendy C. Lascher and Aris E. Karakalos, for Plaintiff and Respondent. COFFEE, J. In this defamation case, Charles Lara appeals from an order denying his special motion to strike Trevor Dunne's complaint as a strategic lawsuit against public participation (SLAPP) pursuant to Code of Civil Procedure, sectio... The PEOPLE, Plaintiff and Respondent, v. Cliff Ross SADLER, Defendant and Appellant. , Cal.App. 5 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Kings County. Harry Nicholas Papadakis, Judge. (Retired Judge of the Fresno Sup.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Kathleen A. McKenna and William K... The PEOPLE, Plaintiff and Respondent, v. Jeffrey Dendard LEWIS, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Dewey Lawes Falcone, Judge. Affirmed as modified. Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and David F. Glassman, for Plaintiff and Respondent. RUBIN, Acting P.J. Jeffrey Dendard Lewis appeals from his conviction for the first degree murder of his ex-wife's companio... The PEOPLE, Plaintiff and Respondent, v. Casey McCREADY, Defendant and Appellant. , Cal.App. 5 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Mariposa County. F. Dana Walton, Judge. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans, Deputy Attorney General, for Plaintiff and Respondent. OPINION WISEMAN, Acting P.J. Casey McCready was convicted of willfully inflicting corporal injury on his wife, Brandy McCready, and of assaulting Brand... GENOMIC HEALTH, INC., Plaintiff and Appellant, v. Sandra SHEWRY, as Director, etc., Defendant and Respondent. , Cal.App. 3 Dist., November 16, 2009 Patric Hooper, Hooper Lundy & Bookman, Inc., Los Angeles, CA, for Plaintiff and Appellant. Office of the State Attorney General, Sacramento, CA, for Defendant and Respondent. NICHOLSON, Acting P.J. Genomic Health, Inc. (Genomic Health) filed a petition for writ of mandate against the Department of Health Care Services (the Department), seeking a declaration that the Department was required to pay Genomic Health for services rendered to Medi-Cal patients before June 1, 2007. The trial c... Merle Ladner ADAMS et al., Plaintiffs and Appellants, v. I. David SMALL, Defendant and Respondent. , Cal.App. 4 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Richard E.L. Strauss, Judge. Affirmed in part; reversed in part. Patricia A. Meyer, Patricia A. Meyer & Associates, APC, San Diego, CA, for Plaintiffs and Appellants. Douglas A. Pettit, Pettit Kohn Ingrassia & Lutz PC, San Diego, CA, for Defendant and Respondent. IRION, J. Merle Ladner Adams and 31 other individuals who invested in a ponzi scheme (hereafter sometimes Investors) brought this action against I. David Sm... The PEOPLE, Plaintiff and Respondent, v. Reginald TURNER, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Richard A. Stone, Judge. Dismissed. Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. WOODS, Acting P.J. On September 28, 2000, Reginald Turner was charged by amended information with grand theft of personal property valued in excess of $400 (Pen.Code, § 487, subd. (a)). The information specially alleged Turner had suffered two prior... The PEOPLE, Plaintiff and Respondent, v. David MOORE, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Mark C. Kim, Judge. Affirmed. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. WOODS, Acting P.J. David Moore appeals from the post-judgment order revoking his probation and executing a previously suspended state prison sentence. On May 22, 2007, Moore was charged in a single-count felony complaint with possession of a concealed ... Lorenzo BRIONES et al., Plaintiffs and Appellants, v. Evelyn RAMOS, Defendant and Respondent. , Cal.App. 2 Dist., November 16, 2009 APPEAL from an order of the Superior Court of Los Angeles County, Bruce Minto, Judge. Affirmed. The Law Office of Rummel Mor Bautista and Rummel Mor Bautista for Plaintiffs and Appellants. Rients & Lonner, Jeffrey B. Lonner and David B. Rients for Defendant and Respondent. PERLUSS, P.J. Lorenzo Briones and Nancy Briones, husband and wife, appeal from an order awarding Evelyn Ramos and her son, James Duldulao, attorney fees and costs in the amount of $5,148.50 following the Brioneses... Theresa Marie WARD, Plaintiff and Appellant, v. Anita M. MUNOZ, individually and as Trustee, etc., Defendant and Respondent. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Teresa Sanchez-Gordon, Judge. Reversed. Law Offices of Glenn Ward Calsada and Glenn Ward Calsada for Plaintiff and Appellant. Hinojosa & Wallet, Lynard C. Hinojosa, Katerina F. Perreault and Kelly L. Hinojosa for Defendant and Respondent. PERLUSS, P.J. Theresa Marie Ward, who owned real property in joint tenancy with her mother, Hortence Luna, filed a lawsuit to cancel the transfer of her mother's interest in the ... The PEOPLE, Plaintiff and Respondent, v. Ernesto ACEDO, Defendant and Appellant. , Cal.App. 2 Dist., November 16, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Gary R. Hahn, Judge. Affirmed. Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and Richard S. Moskowitz, Deputy Attorneys General, for Plaintiff and Respondent. WOODS, J. Defendant Ernesto Acedo timely appealed from ... William LANGHORNE, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; The People, Real Party in Interest. Ernest Vasquez, Petitioner, v. The Superior Court of Santa Clara County, Respondent; The People, Real Party in Interest, Cal.App. 6 Dist., November 16, 2009 Santa Clara County Superior Court, Superior Court Nos. 192118, 210617, 210255, 210648, The Honorable Alfonso Fernandez. Mary J. Greenwood, Public Defender, Michael S. Ogul, Deputy Public Defender, Matthew M. Wilson, Deputy Public Defender, for Petitioner, The People of the State of California. No appearance by Respondent. Edmund G. Brown, Jr., Attorney General, Bridget Billeter, Deputy Attorney General, for Real Party in Interest. BAMATTRE-MANOUKIAN, Acting P.J. I. INTRODUCTION Petit... CALIFORNIA UNIONS FOR RELIABLE ENERGY et al., Plaintiffs and Appellants, v. MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT et al., Defendants and Respondents. , Cal.App. 4 Dist., November 16, 2009 Gloria Diantha Smith, Adams Broadwell Joseph & Cardozo, South San Francisco, CA, for Plaintiffs and Appellants. Karen K. Nowak, Mohave Desert AQMD, Victorville, CA, Michelle Ouellette, Best, Best & Krieger LLP, Riverside, CA, for Defendants and Respondents. ORDER MODIFYING OPINION RICHLI, Acting P.J. The opinion filed in this matter on October 30, 2009 is modified as follows: 1. On page 2, at the end of the first sentence of the opinion proper, which states, "In 2007, the Mojave Deser... Thomas MANGANO, Plaintiff and Appellant, v. VERITY, INC., Defendant and Respondent. , Cal.App. 6 Dist., November 16, 2009 Holding: The Court of Appeal, Mihara, Acting P.J., held that evidence of compromise offer of severance payment in exchange for waiver of employee's right to bring suit against employer was inadmissible. Affirmed. Santa Clara County Superior Court, Honorable John F. Herlihy. Stephen R. Jaffe, for Plaintiff and Appellant. Gregory L. Doll, Hunter R. Eley, Doll Amir & Eley LLP, for Defendant and Respondent. MIHARA, Acting P.J. Appellant Thomas Mangano brought an action for retaliato... SUSTAINABLE TRANSPORTATION ADVOCATES OF SANTA BARBARA, Plaintiff and Appellant, v. SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS, Defendant and Respondent. , Cal.App. 2 Dist., November 14, 2009 (Super.Ct. No. 1301342) (Santa Barbara County) Sustainable Transportation Advocates of Santa Barbara appeals from a judgment denying its petition for a writ of mandate. Appellant sought to vacate the approval of Measure A by the Santa Barbara County Association of Governments (respondent). Measure A, entitled the "Santa Barbara County Road Repair, Traffic Relief, and Transportation Safety Measure," imposes a retail sales and use tax to fund transportation projects in Santa Barbara County. ... The PEOPLE, Plaintiff and Respondent, v. LINCOLN GENERAL INSURANCE COMPANY, Defendant and Appellant. , Cal.App. 2 Dist., November 13, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, John J. Cheroske, Judge. Affirmed. Robert W. Hicks & Associates, Robert W. Hicks and Kenneth R. Wright for Defendant and Appellant. Office of the County Counsel, Ralph L. Rosato, Assistant County Counsel, and Joanne K. Nielsen, Deputy County Counsel, for Plaintiff and Respondent. KLEIN, P.J. Defendant and appellant Lincoln General Insurance Company (Lincoln or the surety) appeals a judgment following the entry of su... The PEOPLE, Plaintiff and Respondent, v. Carlton Wayne COLBERT, Defendant and Appellant. , Cal.App. 1 Dist., November 13, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, for Defendant and Appellant. KLINE, P.J. Carlton Wayne Colbert appeals from convictions following his pleas of no contest to possession of cocaine base for sale and sale or transportation of cocaine base. He contends the trial court erred in denying his motion to suppress evidence obtained as a result of what he claims was an unconstitutional patdown sea... The PEOPLE, Plaintiff and Respondent, v. Seneca D. LEE, Defendant and Appellant. , Cal.App. 1 Dist., November 13, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, James Frederick Johnson, San Rafael, CA, for Defendant and Appellant. DONDERO, J. Defendant entered a negotiated plea of no contest to possession for sale of methamphetamine (Health & Saf.Code, § 11378). After defendant's motion to withdraw the plea was denied, he filed this appeal, which reasserts his challenge to the validity of the plea. We find that ... The PEOPLE, Plaintiff and Respondent, v. Charles Edward JONES, Defendant and Appellant. , Cal.App. 6 Dist., November 13, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. William Robinson, Sixth District Appellate Program, Santa Clara, CA, for Defendant and Appellant. RUSHING, P.J. After defendant Charles Edward Jones was apprehended in an illegal drug house in San Jose with crack cocaine on his person, he was charged with possession of cocaine base (Health & Saf.Code, § 11350, subd. (a)), and presence in a place where a controlled substance is being used. (Health & Saf.Cod... In re J.S. et al., Persons Coming Under the Juvenile Court Law. Santa Clara County Department of Family And Children's Services, Plaintiff and Respondent, v. S.S., Defendant and Appellant. , Cal.App. 6 Dist., November 13, 2009 RUSHING, P.J. Appellant S.S., father of 12 year old J.S. and eleven year old M.S. appeals from an order denying his motion pursuant to People v.. Marsden (1970) 2 Cal.3d 118 (Marsden ), and an order granting a petition to terminate father's visitation with the children. (Welf. & Inst.Code, § 388.) The facts underlying this ongoing dependency proceeding are summarized in this court's opinion in H033909. [FN1] FN1.In Re J.S. et al. (Aug. 21, 2009, H033909) [nonpub. opn]. In March 2009, father m... The PEOPLE, Plaintiff and Respondent, v. Kimberly Monique DUGGS, Defendant and Appellant. , Cal.App. 6 Dist., November 13, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Randall H. Conner, Law Office of Randall Conner, Oakland, CA, Sixth District Appellate Program, Santa Clara, CA, for Defendant and Appellant. DUFFY, J. This appeal arises from a felony conviction following a plea of no contest by defendant Kimberly Monique Duggs [FN1] to driving under the influence of alcohol with a blood alcohol level of .08 percent or greater. Prior to entry of the plea, defendant made ... NAM CHUNG CHO et al., Plaintiffs and Appellants, v. THORNTON, TAYLOR, BECKER & SHINN, Defendant and Respondent. , Cal.App. 1 Dist., November 13, 2009 Matthew Alan Reynolds, Kenneth Wonsup Chung, Kring & Chung LLP, Irvine, CA, for Plaintiff and Appellant. Phillip F. Shinn, Thornton, Taylor & Downs, San Francisco, CA, for Defendant and Respondent. RUVOLO, P.J. I. INTRODUCTION Nam Chung Cho, Kyung Chae Park and Chu Hyuk Yoon appeal from the trial court's order granting Thornton, Taylor, Becker & Shinn's special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) ... The PEOPLE, Plaintiff and Respondent, v. Allan D. SHOCKNESSE, Defendant and Appellant. , Cal.App. 1 Dist., November 13, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, Rex Adam Williams, Juneau, WI, for Defendant and Appellant. MARCHIANO, P.J. Defendant Allan D. Shocknesse pleaded no contest to transporting a controlled substance (cocaine) (Health & Saf.Code, § 11352, subd. (a)) and driving while under the influence of alcohol or drugs (Veh.Code, § 23152, subd. (a)). The trial court placed him on three years' probation... Moses NEAL, Plaintiff and Appellant, v. The CIVIL SERVICE COMMISSION OF KERN COUNTY, Defendant and Respondent. Kern County Fire Department, Real Party in Interest. , Cal.App. 5 Dist., November 13, 2009 APPEAL from a judgment of the Superior Court of Kern County. Linda S. Etienne, Commissioner. Seth N. O'Dell, Jamie R. Long and Swanson O'Dell for Plaintiff and Appellant. Theresa A. Goldner, County Counsel and Devin W. Brown, Deputy, for Defendant and Respondent. No appearance for Real Party in Interest. OPINION ARDAIZ, P.J. INTRODUCTION Moses Neal, a Captain with the Kern County Fire Department ("KCFD" or "Department"), appeals from the denial of his petition for writ of mandate. ... The PEOPLE, Plaintiff and Respondent, v. Timothy James STANBROUGH, Defendant and Appellant. , Cal.App. 5 Dist., November 13, 2009 APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. Sharon Giannetta Wrubel, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent. OPINION CORNELL, J. The trial court, sitting without a jury, convicted appellant Timothy James Stanbrough of fel... The PEOPLE, Plaintiff and Respondent, v. Jose Alfonso LEYVA, Defendant and Appellant. , Cal.App. 5 Dist., November 13, 2009 APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. Sharon Giannetta Wrubel, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. OPINION ARDAIZ, P.J. Jose Alfonso Leyva stands convicted, following a jury trial, of first degree murder in which he per... The PEOPLE, Plaintiff and Respondent, v. Marco MONCADA, Defendant and Appellant. , Cal.App. 3 Dist., November 13, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Robert Whitlock, Attorney at Law, Clovis, CA, for Defendant and Appellant. BUTZ, J. Pursuant to a negotiated settlement, defendant Marco Moncada pleaded no contest to conspiracy to sell methamphetamine and admitted a prior strike conviction. Following the denial of his request for the trial court to strike the prior conviction, the court sentenced him to state prison for four years. On appeal, defend... The PEOPLE, Plaintiff and Respondent, v. Kujtim BLAKAJ, Defendant and Appellant. , Cal.App. 4 Dist., November 13, 2009 APPEAL from the Superior Court of Riverside County. Roger A. Luebs, Judge. Affirmed. Bernstein Law Offices, Inc., Bob Bernstein and Alison Minet Adams for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf, Kristen Kinnaird Chenelia and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GAUT, J. 1. Introduction [FN... Thad CRANNELL, Plaintiff and Appellant, v. GLENN COUNTY BOARD OF SUPERVISORS et al., Defendants and Respondents. , Cal.App. 3 Dist., November 13, 2009 John M. Latini, Attorney at Law, Mitchell L. Abdallah, Adballah Law Group, Sacramento, CA, for Plaintiff and Appellant. Office of the County Counsel, Willows, CA, for Defendant and Respondent. BUTZ, J. In what is essentially a boundary dispute arising from an attempt to subdivide property, plaintiff Thad Crannell appeals from a judgment that dismissed, without prejudice, his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5) [FN1] against defendants and respondent... Rashpal BRAR, Plaintiff and Appellant, v. CITY OF BANNING, Defendant and Respondent. , Cal.App. 4 Dist., November 13, 2009 APPEAL from the Superior Court of Riverside County. Douglas E. Weathers, Judge. Affirmed. Rager & Noiroux, Kathleen Rager; and Robert J. Wheeler for Plaintiff and Appellant. Liebert Cassidy Whitmore, Melanie Poturica and Judith S. Islas for Defendant and Respondent. OPINION GAUT, J. 1. Introduction The City of Banning discharged Rashphal Brar from the position of Assistant Public Works Director, Electrical Utility, a job he held from October 1998 until he was fired in November 2005... The PEOPLE, Plaintiff and Respondent, v. Karen Ann DEVITA, Defendant and Appellant. , Cal.App. 4 Dist., November 13, 2009 APPEAL from the Superior Court of San Bernardino County. William Jefferson Powell IV, Judge. Affirmed. Robyn Bramson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION RAMIREZ, P.J. INTRODUCTION Defendant and appellant Karen Ann Devita appeals following the revocation and termination of her probation. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Pursuant to a written plea agreement, defendant pled no cont... Justin RINGGOLD-LOCKHART, Plaintiff and Appellant, v. Myer J. SANKARY, as Successor Trustee, etc., Defendant and Respondent, Andre-Paul Summers Chaussier, as Successor Trustee, etc., et al., Respondents. , Cal.App. 2 Dist., November 13, 2009 APPEAL from an order of the Superior Court of Los Angeles County, Aviva K. Bobb, Judge. Dismissed. Sanctions imposed. Nina Ringgold for Plaintiff and Appellant. Law Offices of Andrea Lynn Rice and Andrea Lynn Rice for Defendant and Respondent. Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Marshal A. Oldman and Mary-Felicia Apanius for Respondent Andre-Paul Summers Chaussier, as Successor Trustee of the Summers Family Trust. Law Office of Marc L. Edwards and Marc L. Edwards for R... Donna FERREY, Plaintiff, Cross-defendant and Respondent, v. Jennifer HASSO-NAJM, Defendant, Cross-complainant and Appellant. , Cal.App. 4 Dist., November 13, 2009 APPEAL from an order of the Superior Court of San Diego County, Michael M. Anello, Judge. Affirmed. Amanda Benedict, Law Offices of Amanda Benedict, Encinitas, CA, Patricia Ann Gregory, Carlsbad, CA, for Plaintiff, Cross-defendant and Respondent. Heidi Tara Firouzi, Firouzi & Firouzi, San Diego, CA, for Defendant, Cross- complainant and Appellant. IRION, J. Attorney Jennifer Hasso-Najm (Hasso-Najm) appeals from a postjudgment order ruling on her motion for attorney fees incurred in ... In re ALI C., a Person Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. A.C. et al., Defendants and Appellants. , Cal.App. 4 Dist., November 13, 2009 APPEALS from orders of the Superior Court of San Diego County, Richard Montes, Judge (retired Judge of the Los Angeles Sup.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.), and Elizabeth A. Riggs, Judge (retired Judge of the San Diego Sup.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Affirmed. McINTYRE, J. A.C. and James A. appeal orders terminating parental rights to their son, Ali C., under Welfare and Institutions Code sec... The PEOPLE, Plaintiff and Respondent, v. Mario Anthony WILLIS, Defendant and Appellant. , Cal.App. 4 Dist., November 13, 2009 APPEAL from a judgment of the Superior Court of San Diego County, William H. Kronberger, Jr., Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Nicholas De Pento, San Diego, CA, for Defendant and Appellant. AARON, J. I. INTRODUCTION Mario Willis appeals from a judgment of conviction and sentence after a jury convicted him of possession of a firearm by a felon, possession of a deadly weapon, and illegal possession of ammunition. The ch... GELSON'S MARKETS, INC., Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Paul FOWLER, Respondents. , Cal.App. 2 Dist., November 13, 2009 PROCEEDINGS to review a decision of the Workers' Compensation Appeals Board. Annulled. W.C.A.B. Nos. MON 0332851 and MON 0332852. Paul, Hastings, Janofsky & Walker, Paul W. Crane, Jr., Molly A. Harcos; Law Offices of Daniel P. Goggins and Daniel P. Goggins for Petitioner. Goldschmid, Silver & Spindel and Lawrence Silver for Respondent Paul Fowler. No appearance for Respondent Workers' Compensation Appeals Board. William H. Herreras for California Applicants' Attorneys Association as ... KIM SENG COMPANY, Cross-Complainant, Cross-Defendant and Appellant, v. GREAT AMERICAN INSURANCE CO. OF NEW YORK et al., Cross-Defendants, Cross- Complainants and Respondents. , Cal.App. 2 Dist., November 13, 2009 APPEAL from a judgment of the Superior Court of the County of Los Angeles, Kenneth R. Freeman, Judge. Affirmed. Law Offices of Mark L. Sutton, Mark L. Sutton for Cross-Complainant, Cross- Defendant and Appellant. Musick, Peeler & Garrett, Cheryl A. Orr, David A. Tartaglio; Bates & Carey, Richard H. Nicolaides, Jr., Jonathan T. Viner, Daniel I. Graham, Jr., and Agelo L. Reppas, for Cross-Defendants, Cross-Complainants and Respondents. MOSK, J. INTRODUCTION The insurers and the insure... The PEOPLE, Plaintiff and Respondent, v. Steven Michael CONKLIN, Defendant and Appellant. , Cal.App. 2 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Charles Horan, Judge. Affirmed. Waldermar D. Halka, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews, Janet Neely and Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent. KLEIN, P.J. Defendant and appellant, Steven M... In re the MARRIAGE OF Kelli L. and James E. MORRIS. Kelli L. Morris, Respondent, v. James E. Morris, Appellant. , Cal.App. 4 Dist., November 12, 2009 APPEAL from the Superior Court of Riverside County. Sharon J. Waters, Judge. Dismissed. James E. Morris, in pro. per., for Appellant. James W. Wiley for Respondent. OPINION GAUT, J. 1. Introduction James Morris is representing himself, in propria persona, in a marriage dissolution action. Because James filed a belated notice of appeal, we dismiss his appeal. 2. Factual and Procedural Background Kelli Morris filed a petition for dissolution on October 14, 2003. The court filed a ... In re RICHARD S., a Person Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. Adriana P. et al., Defendants and Appellants. , Cal.App. 4 Dist., November 12, 2009 APPEALS from orders of the Superior Court of San Diego County, Yvonne E. Campos, Judge. Affirmed. O'ROURKE, J. Adriana P. and Richard S., Sr., (together the parents) appeal orders terminating their parental rights to their son, Richard S., Jr., (the minor), and referring him for adoption. The parents contend the court erred by finding the beneficial parent-child relationship exception to termination of parental rights under Welfare and Institutions Code section 366.26, subdivision (c)(1)B... The PEOPLE, Plaintiff and Respondent, v. Calvin CHOYCE, Defendant and Appellant. , Cal.App. 1 Dist., November 12, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. William John Capriola, Sebastopol, CA, First District Appellate Project, San Francisco, CA, for Defendant and Appellant. LAMBDEN, J. Defendant Calvin Choyce appeals from a final judgment convicting him of sexual offenses against women identified herein as Jane Does 1 through 4, and sentencing him to a term of 358 years to life. Defendant argues that reversal is necessary because the trial court committed p... The PEOPLE, Plaintiff and Respondent, v. David Frederick AVELAR, Defendant and Appellant. , Cal.App. 1 Dist., November 12, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, Robert Vernon Vallandigham Jr., Sausalito, CA, for Defendant and Appellant. KLINE, P.J. Appellant was convicted, following a jury trial, of unlawfully driving a motor vehicle. On appeal, he contends the trial court erred when it refused to instruct the jury on mistake of fact. We shall affirm the judgment. PROCEDURAL BACKGROUND Appellant was charged by... The PEOPLE, Plaintiff and Respondent, v. David Bom LE, Defendant and Appellant. , Cal.App. 1 Dist., November 12, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Maribeth Halloran, Mill Valley, CA, First District Appellate Project, San Francisco, CA, for Defendant and Appellant. RUVOLO, P.J. I. INTRODUCTION Appellant admittedly fired a gun only a few feet away from the location of an unarmed struggle between two other young men, one of whom was appellant's close friend. A bullet from appellant's gun entered the thigh of the man with whom appellant's friend was fight... In re MARRIAGE OF Kathy and Michael SISSON. Kathy Sisson, Respondent, v. Michael Sisson, Appellant. , Cal.App. 4 Dist., November 12, 2009 Appeal from a judgment of the Superior Court of Orange County, Francisco Firmat and Frederick P. Aguirre, Judges. Reversed and remanded with directions. Ostergar Hunter Law Group and Daniel C. Hunter IV for Appellant. Jonas, Harvey & Keese and Robert J. Keese for Respondent. OPINION BEDSWORTH, Acting P.J. Michael Sisson appeals from the judgment in this marital dissolution action. Specifically, he challenges the portions of the judgment awarding his former wife, Kathy Sisson, perm... The PEOPLE, Plaintiff and Respondent, v. Uvaldo Gomez CAMACHO, Defendant and Appellant. , Cal.App. 6 Dist., November 12, 2009 Karen Z. Bovarnick, Ofc. Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Paul Carroll, Redwood City, CA, for Defendant and Appellant. ELIA, J. A jury found appellant guilty of 20 counts of sex offenses against his nine-year-old twin stepdaughters. The trial court sentenced him to a state prison term of 300 years to life. On appeal, he contends that his confession was involuntary, that there was insufficient evidence ... The PEOPLE, Plaintiff and Respondent, v. Jason Edward JEFFERS, Defendant and Appellant. , Cal.App. 5 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Kern County. Lee P. Felice, Judge. Gregory Marshall, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Wanda Hill Rouzan Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, A.P.J., Hill, J., and Poochigian, J. On December 3, 2008, appellant Jason Edward Jeffe... The PEOPLE, Plaintiff and Respondent, v. Kenneth Lavelle FINNELL, Defendant and Appellant. , Cal.App. 2 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Elena J. Duarte, Judge. Modified and affirmed. Patricia Ihara, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson and Robert David Breton, Deputy Attorneys General, for Plaintiff and Respondent. KLEIN, P.J. Kenneth Lavelle Finnell appeals th... CITY OF LA MIRADA, Plaintiff and Appellant, v. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, Defendant and Respondent. City of Palmdale, Plaintiff and Appellant, v. Southern California Association of Governments, Defendant and Respondent. , Cal.App. 2 Dist., November 12, 2009 APPEAL from two judgments of the Superior Court of Los Angeles County, David P. Yaffe, Judge. Affirmed. James L. Markman, City Attorney for the City of La Mirada; Richards, Watson & Gershon, Mitchell E. Abbott and Patrick K. Bobko, for Plaintiff and Appellant City of La Mirada. Office of the City Attorney for City of Palmdale, Judy Skousen; Rutan & Tucker and William H. Ihrke, for Plaintiff and Appellant City of Palmdale. Fulbright & Jaworski, Colin Lennard and William Troutman; Southe... In re MARRIAGE OF Ittai Haim BAREKET AND Stacy Lynn MARCUS. Ittai Haim Bareket, Respondent, v. Stacy Lynn Marcus, Appellant. , Cal.App. 6 Dist., November 12, 2009 Edward Stephen Temko, San Diego, CA, for Appellant. PREMO, J. In this family law matter, respondent Stacy Lynn Marcus appeals from two postjudgment orders. The first is an order denying her request to modify child support. Stacy [FN1] challenges that order on the ground, among others, that the existing child support amount was below the statutory guideline. (Fam.Code, § 4050 et seq.) [FN2] The second order determined the status of assets that Stacy claimed were omitted from the original... The PEOPLE, Plaintiff and Respondent, v. Bryon J. MARSHALL, Defendant and Appellant. In re Bryon J. Marshall, on Habeas Corpus. , Cal.App. 1 Dist., November 12, 2009 First District Appellate Project, San Francisco, CA, Jonathan E. Berger, Windsor, CA, for Petitioner. Office of The District Attorney, Martinez, CA, Office of The Attorney General, San Francisco, CA, for Respondent. KLINE, P.J. Bryon J. Marshall (appellant) was convicted, following a jury trial, of two counts each of forgery and possession of a forged instrument, as well as one count each of receiving stolen property and commercial burglary. On appeal, appellant contends the trial cour... In re A.S., a Person Coming Under the Juvenile Court Law. Alameda County Social Services Agency, Plaintiff and Respondent, v. Maria S., Defendant and Appellant. , Cal.App. 1 Dist., November 12, 2009 Office Of The County Counsel, Oakland, CA, for Plaintiff and Respondent. Robert Joseph Beles, Oakland, CA, for Defendant and Appellant. RUVOLO, P.J. I. INTRODUCTION Appellant Maria S. appeals the juvenile court's summary denial of her petition to be declared the de facto parent of her granddaughter, A.S. [FN1], who was adjudged a dependent child of the juvenile court. Appellant maintains that the juvenile court abused its discretion in not awarding her de facto parent status because sh... Barbara J. WOODBURY, Plaintiff and Appellant, v. SEACREST VILLAS HOMEOWNERS ASSOCIATION, et al., Defendants and Respondents. , Cal.App. 4 Dist., November 12, 2009 APPEAL from a judgment and order of the Superior Court of San Diego County, John S. Meyer, Judge. Affirmed. Mary A. Lehman, Coronado, CA, Stephen P. McDonald, San Diego, CA, for Plaintiff and Appellant. Debra Ann Akiyama, Shifflet Kane & Konoske, San Diego, CA, for Defendants and Respondents. McCONNELL, P.J. In this suit for enforcement of requirements under the covenants, conditions and restrictions (CC & R's) of a condominium project, Barbara J. Woodbury appeals an award of $316,1... Fernando ORNELAS, Plaintiff and Appellant, v. NESTLE WATERS NORTH AMERICA, INC., Defendant and Respondent. , Cal.App. 4 Dist., November 12, 2009 APPEAL from the Superior Court of San Bernardino County. Keith D. Davis, Judge. Affirmed. Law Offices of Michael T. Carr, Michael T. Carr and Nathan J. Wagner for Plaintiff and Appellant. Farella Braun & Martel, Douglas E. Dexter and Diego F. Acevedo for Defendant and Respondent. OPINION RICHLI, J. After plaintiff Fernando Ornelas had worked for defendant Nestle Waters North America, Inc. (Nestle) for 29 years, he was terminated, supposedly for being away from his work station while c... The PEOPLE, Petitioner, v. The SUPERIOR COURT of Riverside County, Respondent; Larry Jennings, Real Party in Interest. , Cal.App. 4 Dist., November 12, 2009 ORIGINAL PROCEEDINGS; petition for writ of mandate. James T. Warren, Judge. Petition granted. Rod Pacheco, District Attorney, and Matt Reilly, Deputy District Attorney, for Petitioner. No appearance for Respondent. Gary Windom, Public Defender, William A. Meronek and Nathan R. Livingston, Deputy Public Defenders, for Real Party in Interest. OPINION GAUT, Acting P.J. The People seek a writ of mandate directing the trial court to vacate its order dismissing a commitment petition ... In re F.F., a Person Coming Under the Juvenile Court Law. Orange County Social Services Agency, Plaintiff and Respondent, v. E.G., Defendant and Appellant. , Cal.App. 4 Dist., November 12, 2009 Appeal from an order of the Superior Court of Orange County, Dennis Keough, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. John L. Dodd & Associates and Gerard D. McCusker, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Debbie Torrez, Deputy County Counsel, for Plaintiff and Respondent. OPINION O'LEARY, J. E.G. (Mother) appeals from the order terminating parental rights to h... The PEOPLE, Plaintiff and Respondent, v. Cynthia Lee ERICKSON, Defendant and Appellant. , Cal.App. 4 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Imperial County, Matias R. Contreras, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Linda Acaldo, Blue Jay, CA, for Defendant and Appellant. McINTYRE, J. Cynthia Lee Erickson appeals a conviction of operating a vessel under the influence of an alcoholic beverage causing injury. She contends the trial court: (1) erroneously permitted a prosecution witness to testify as to the cause of the ... Matthew PFEFFER, Plaintiff and Respondent, v. MISSIONARY FOUNDATION, INC., Defendant and Appellant. , Cal.App. 4 Dist., November 12, 2009 APPEAL from the Superior Court of Riverside County. Edward D. Webster, Judge. Affirmed. Troy A. Stewart for Defendant and Appellant. Glicker & Associates and Brian I. Glicker for Plaintiff and Respondent. OPINION KING, J. I. INTRODUCTION In a prior appeal in the present action (Pfeffer v. Missionary Foundation, Inc. (Nov. 15, 2007, E041935) [nonpub. opn.] [Fourth Dist., Div. Two] ), this court reversed a money judgment in favor of plaintiff Matthew Pfeffer (Pfeffer) in the princ... The PEOPLE, Plaintiff and Respondent, v. Manuel Ray VARELA, Defendant and Appellant. , Cal.App. 6 Dist., November 12, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Paul Couenhoven, Sixth District Appellate Program, Santa Clara, CA, for Defendant and Appellant. MIHARA, J. Defendant Manuel Ray Varela and two other men took four rolls of cyclone fencing material and a metal gate from a school. Defendant had told the two men that the materials belonged to his brother-in-law and offered to pay the two men for their assistance in transporting the materials. In fact, the ma... The PEOPLE, Plaintiff and Respondent, v. Richard Michael MARTINEZ, Defendant and Appellant. , Cal.App. 6 Dist., November 12, 2009 Bridget Billeter, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Alfons Wagner Monarch Beach, CA, for Defendant and Appellant. MIHARA, J. Richard Michael Martinez appeals from an order involuntarily committing him for an indeterminate term to the custody of the Department of Mental Health (Department) after a jury found him to be a sexually violent predator (SVP) within the meaning of the Sexually Viol... Arlene BELL-SPARROW, Plaintiff and Appellant, v. FARMERS INSURANCE COMPANY, Defendant and Respondent. , Cal.App. 1 Dist., November 12, 2009 Arlene Bell-Sparrow, Union City, CA, pro per. Adam Benner Sugarman, Gordon Rees LLP, San Francisco, CA, for Defendant and Respondent. KLINE, P.J. Arlene Bell-Sparrow (plaintiff) appeals the trial court's grant of summary judgment in favor of Farmers Insurance Company (defendant or Farmers) [FN1] in this employment discrimination/wrongful termination action. On appeal, plaintiff contends the trial court erred in granting summary adjudication as to each of the causes of action in her co... The PEOPLE, Plaintiff and Respondent, v. William E. BANKS, Defendant and Appellant. , Cal.App. 1 Dist., November 12, 2009 Christopher J. Wei, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, David Michael Thompson c/o Gary P. Osward, Esq., Corte Madera, CA, for Defendant and Appellant. JONES, P.J. William E. Banks appeals from a modified judgment that was entered after a remand from this court. He contends (1) the trial court violated the principles articulated in People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (R... The PEOPLE, Plaintiff and Respondent, v. Raymond WHITALL, Defendant and Appellant. , Cal.App. 5 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. John P. Dwyer, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Lloyd G. Carter and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Hill, Acting P.J., Kane, J. and Poochigian, J. Appellant, Raymond Whitall, was found guilty after a ... John H. BENEDICT, Plaintiff and Appellant, v. KERN COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, BOARD OF RETIREMENT, Defendant and Respondent. , Cal.App. 5 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Kern County. Linda S. Etienne, Judge. Law Offices of William D. Olcott, William D. Olcott, for Plaintiff and Appellant. Theresa A. Goldner, County Counsel, Judith M. Denny, Deputy County Counsel, for Defendant and Respondent. OPINION WISEMAN, Acting P.J. Last year, we reversed a writ of mandate in which the trial court had directed respondent Kern County Employees' Retirement Association (KCERA) to award a service-connected disability re... The PEOPLE, Plaintiff and Respondent, v. Israel Garibay COVARRUBIAS, Defendant and Appellant. , Cal.App. 5 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Stanislaus County. Scott T. Steffen, Judge. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Cornell, Acting P.J., Gomes, J. and Hill, J. In Stanislaus County Superior Court case No. 1072252 ... The PEOPLE, Plaintiff and Respondent, v. Jason Edward JEFFERS, Defendant and Appellant. , Cal.App. 5 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Kern County. Lee P. Felice, Judge. Gregory Marshall, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Lloyd G. Carter and Louis M. Vasquez Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, A.P.J., Hill, J., and Poochigian, J. On April 27, 2004, appellant Jason E. Jeffers, pursua... The PEOPLE, Plaintiff and Respondent, v. Richard Ray FELIZ, Defendant and Appellant. , Cal.App. 5 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Kern County. Gary T. Friedman, Judge. Kyle Gee, under appointment by the Court of Appeal, for Plaintiff and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. OPINION WISEMAN, Acting P.J. PROCEDURAL HISTORY On August 25, 2008, appellant Richard Ray Feliz was convicted of the 1994 murder of Shiloh ... The PEOPLE, Plaintiff and Respondent, v. Larry Darnell SHIELDS, Defendant and Appellant. , Cal.App. 2 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Kennedy-Powell, Judge. Affirmed as modified. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Roberta L. Davis and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. KLEIN, P.J. Defendant and appellant, Larry... The PEOPLE, Plaintiff and Respondent, v. Charles NERO, Defendant and Appellant. , Cal.App. 2 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Burt Pines, Judge. Affirmed. Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent. FLIER, J. Appellant Charles Nero was charged with and convict... The PEOPLE, Plaintiff and Respondent, v. Franklynn Newton BRUNDIGE III, Defendant and Appellant. , Cal.App. 2 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Patrick T. Meyers, Judge. Dismissed. Patrick Morgan Ford, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent. KLEIN, P.J. Franklynn Newton Brundige III appeals the... Lori SOLOMON, Plaintiff and Respondent, v. Steven SOLOMON, Defendant and Appellant. , Cal.App. 2 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Mary Ann Murphy, Judge. Affirmed. Law Offices of William J. Beverly and William J. Beverly for Defendant and Appellant. Sheppard, Mullin, Richter & Hampton, Mark Riera and Melanie Taylor for Plaintiff and Respondent. JACKSON, J. INTRODUCTION In this action to enforce a settlement agreement, defendant Steven Solomon appeals from the judgment in favor of plaintiff Lori Solomon. Defendant contends (1) the trial judge wa... The PEOPLE, Plaintiff and Respondent, v. Eldred Benard BURGE, Defendant and Appellant. , Cal.App. 2 Dist., November 12, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, James B. Pierce, Judge. Modified, and as so modified, affirmed. Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent. KLEIN, P.J. Eldred Benard Burge appeals the judgment entered following his convicti... Michael CASSEL, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent, Wasserman, Comden, Casselman & Pearson, L.L.P., et al., Real Parties in Interest. , Cal.App. 2 Dist., November 12, 2009 ORIGINAL PROCEEDING; petition for writ of mandate. William A. MacLaughlin, Judge. Petition granted in part with directions. Makarem & Associates, Ronald W. Makarem, Peter M. Kunstler and Jamie R. Greene for Petitioner. No appearance for Respondent. Haight Brown & Bonesteel, Peter Q. Ezzell, Nancy E. Lucas and Stephen M. Caine for Real Parties in Interest. JACKSON, J. INTRODUCTION Petitioner Michael Cassel seeks writ relief from two orders excluding evidence in favor of real partie... The PEOPLE, Plaintiff and Respondent, v. Milan PAKES, Defendant and Appellant. , Cal.App. 6 Dist., November 12, 2009 Santa Clara County Superior Court, Honorable Alden E. Danner. Dallas Sacher, Under Appointment of the Sixth District, Appellate Program, for Appellant. Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Jeffrey M. Laurence, Deputy Attorney General, for Respondent. MIHARA, Acting P.J. Defendant Milan Paul Pakes ap... CITY OF LOS ANGELES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and STATE OF CALIFORNIA DEATH WITHOUT DEPENDENTS UNIT et al., Respondents. , Cal.App. 2 Dist., November 12, 2009 PROCEEDINGS to review a decision of the Workers' Compensation Appeals Board. Annulled. (W.C.A.B. No. LA0852444). Gurvitz Marlowe & Miller and Diane E. Phillips for Petitioner. No appearance for Respondent Workers' Compensation Appeals Board. Vanessa L. Holton, Chief Counsel, and Steven A. McGinty, Assistant Chief Counsel, Department of Industrial Relations for State of California Death Without Dependents Unit. PERLUSS, P.J. The City of Los Angeles petitioned for review of an orde... STATE OF ARIZONA ex rel. ARIZONA DEPARTMENT OF REVENUE, Plaintiff and Appellant, v. JEAN YUEN, Defendant and Respondent. , Cal.App. 2 Dist., November 12, 2009 APPEAL from orders of the Superior Court of Los Angeles County, Coleman A. Swart, Judge. Affirmed. The Guerrini Law Firm, John D. Guerrini and David Brand for Plaintiff and Appellant. Law Offices of J. Steven Kennedy and J. Steven Kennedy for Defendant and Respondent. FLIER, J. The State of Arizona (Arizona) appeals from orders granting the motion of respondent Jean Yuen to vacate a sister state judgment, which originated in the superior court for the State of Arizona, and denying A... The PEOPLE, Plaintiff and Respondent, v. Reyes CONCHA et al., Defendants and Appellants. , Cal., November 12, 2009 Superior Court, Los Angeles County; Kathleen Kennedy-Powell, Judge. Maria Morrison, under appointment by the Supreme Court, for Defendant and Appellant Reyas Concha. Diana M. Teran, under appointment by the Supreme Court, for Defendant and Appellant Julio Hernandez. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., Scott A. Taryle and Stephanie A. Miyoshi, Deputy Attorneys G... Robert D. WHITE et al., Plaintiffs and Appellants, v. Terry E. Harper CRIDLEBAUGH et al., Defendants and Respondents. , Cal.App. 5 Dist., November 11, 2009 Holdings: The Court of Appeal, Dawson, J., held that: (1) building contractor violated California's licensure requirements; (2) homeowners' recovery of all compensation paid for unlicensed work could not be offset for materials and services provided in connection with unlicensed work; and (3) any ambiguity in homeowners' pleadings was not prejudicial to contractor's ability to litigate claims for indemnity and contribution. Affirmed as modified and remanded with directions. Ana ... The PEOPLE, Plaintiff and Respondent, v. Jose Kelly MUNOZ, Defendant and Appellant. , Cal.App. 3 Dist., November 11, 2009 Holding: The Court of Appeal, Cantil-Sakauye, J., held that term of 25-years-to-life pursuant to firearms enhancement was not subject to reduction under the Determinate Sentencing Act. Affirmed as modified and remanded with directions. Rita Barker, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Kokans and Stephen G. Herndon, Supervising Deputy Attorneys General,... Lee JACKSON et al., Plaintiffs and Appellants, v. Robert T. YARBRAY, Defendant and Appellant; Best Best & Krieger, LLP, Defendant and Respondent. , Cal.App. 2 Dist., November 11, 2009 Holdings: The Court of Appeal, Perluss, P.J., held that: (1) award of attorney fees in underlying action as to prosecution of anti- SLAPP motion collaterally estopped plaintiffs from relitigating amount of fees related to pursuing that motion; but (2) defendants had the burden to prove apportionment of attorney fees as not recoverable on grounds that such fees had been awarded in prior action as fees associated with anti-SLAPP motion; (3) defendants had burden to prove unreasonablene... The PEOPLE, Plaintiff and Respondent, v. Fernando MAZON, Defendant and Appellant. , Cal.App. 5 Dist., November 10, 2009 Office of the Attorney General, Sacramento, CA, for Plaintiff and Respondent. Mark Hart, Attorney at Law, Northridge, CA, for Defendant and Appellant. ORDER MODIFYING OPINION THE COURT. It is ordered that the opinion filed herein on October 30, 2009, be modified as follows: 1. On page 17, the last sentence of footnote 5, insert the word "not" before the word "interposing." The modified sentence will read as follows: Under these circumstances, trial counsel cannot be faulted for n... The PEOPLE, Plaintiff and Respondent, v. Peter David GARCIA, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Bernardino, Eric M. Nakata, Judge. Affirmed. Raymond Mark DiGuiseppe, Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Patricia Mary Ihara, Irvine, CA, for Defendant and Appellant. HALLER, Acting P.J. Peter Garcia (Peter) was charged with murder after he shot his wife, Maria Garcia (Maria), during an argument in their bedroom. (Pen.Code, § 187.) At trial, the prosecutor argued the crime was premeditated ... Robyn S. OSINOFF, Plaintiff and Appellant, v. William GLUCKSMAN et al., Defendants and Respondents. , Cal.App. 2 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald Sohigian, Judge. Affirmed. Lipton & Margolin, Hugh Lipton; Loo Alan Goldberg and Alan M. Goldberg for Plaintiff and Appellant. Robie & Matthai, Edith R. Matthai, Gabrielle M. Jackson and Natalie A. Kouyoumdjian for Defendants and Respondents William Glucksman and Kolodny & Anteau. Garrett & Tully, Efren A. Compean, Trang T. Tran and John L. Lin for Defendants and Respondents Taylor and Lieberman, Edward Lieberma... The PEOPLE, Plaintiff and Respondent, v. John Joe SIFUENTEZ, Defendant and Appellant. , Cal.App. 6 Dist., November 10, 2009 Sharon G. Birenbaum, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Dena Marie Meierhenry, Santa Rosa, CA, for Defendant and Appellant. McADAMS, J. Following a bench trial, the trial court convicted defendant of attempted lewd or lascivious act on a child under the age of 14 (Pen.Code §§ 664/288, subd. (a), ct. 1), and attempted distribution or exhibition of harmful matter to a minor through the Intern... The PEOPLE, Plaintiff and Respondent, v. Christopher Devon WATKINS, Sr., Defendant and Appellant. , Cal.App. 5 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Kern County. William D. Palmer, Judge. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, and Louis M. Vasquez, Deputy Attorney General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Dawson, Acting P.J., Hill, J. and Poochigian, J. FACTS A jury found Christopher Devon Watkins, Sr. (defendant),... The PEOPLE, Plaintiff and Respondent, v. Bryan Lee HARRIS, Defendant and Appellant. , Cal.App. 5 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Mariposa County. F. Dana Walton, Judge. Dale Dombkowski, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Stephen G. Herndon, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GOMES, J. After he pled no contest to two felony charges, Bryan Lee Harris sought to withdraw his plea on the ground o... The PEOPLE, Plaintiff and Respondent, v. Luis Felipe APONTE, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of San Bernardino County. Stephan G. Saleson, Judge. Affirmed. Vicki Marolt Buchanan, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton, and Charles C. Ragland, Deputy Attorneys General, for Plaintiff and Respondent. OPINION GAUT, J. 1. Introduction An information charged defendant... The PEOPLE, Plaintiff and Respondent, v. Dashan Day ARMSTRONG, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of Riverside County. Curtis R. Hinman, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez, and Lilia E. Garcia, Deputy Attorneys General,... Shawn James Allen WOODALL, Plaintiff and Appellant, v. William KOLENDER et al., Defendants and Respondents. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Barry Hammer, Judge. Affirmed. Shawn James Woodall, San Diego, CA, Pro Per. Office of the County Counsel, San Diego, CA, for Defendants and Respondents. BENKE, J. Plaintiff and appellant Shawn James Allen Woodall, acting in propria persona, appeals from the trial court's judgment dismissing his amended complaint against defendants and respondents the Sheriff of San Diego County and several employees of the sheriff's d... The PEOPLE, Plaintiff and Respondent, v. Anthony Maurice COBB, Defendant and Appellant. , Cal.App. 3 Dist., November 10, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Morgan Heig Daly, Attorney at Law, Fairfax, CA, for Defendant and Appellant. NICHOLSON, Acting P.J. In June 2006, in case No. LF007051A, defendant Anthony Maurice Cobb pleaded guilty to second degree commercial burglary (Pen.Code, §§ 459, 460, subd. (b)) [FN1], failure to appear on a felony charge (§ 1320, subd. (b)), and resisting or delaying a peace officer (§ 148, subd. (a)(1)). Imposition of senten... In re D.W., a Person Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. C.C., Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 APPEAL from an order of the Superior Court of Los Angeles County, Donna Levin, Juvenile Court Referee. Affirmed. Deborah Dentler, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Los Angeles County Counsel, James M. Owens, Assistant County Counsel, and Navid Nakhjavani, Senior Associate County Counsel, for Plaintiff and Respondent. JACKSON, J. INTRODUCTION C.C. (Mother) appeals from an order denying her petition for modification (Welf. & Inst.Code,... In re N.W. et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. W.W. et al., Defendants and Appellants. , Cal.App. 2 Dist., November 10, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Jan Levine, Judge. Reversed and remanded. Tyna Thall Orren, under appointment by the Court of Appeal, for Defendant and Appellant W.W. Christopher Blake, under appointment by the Court of Appeal, for Defendant and Appellant N.J. James M. Owens, Assistant County Counsel, and Melinda S. White-Svec, Deputy County Counsel, for Plaintiff and Respondent. RUBIN, Acting P.J. Appellants N.J. (mother) and W.W. (father) appeal fr... The PEOPLE, Plaintiff and Respondent, v. Ronald Joseph PARHAM, Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed. Alex Coolman, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Sharlene A. Honnaka and Keith H. Borjon, Deputy Attorneys General, for Plaintiff and Respondent. JACKSON, J. INTRODUCTION Defendant Ronald Joseph Parham was ... The PEOPLE, Plaintiff and Respondent, v. Christian AGUILAR, Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court for Los Angeles County, John S. Fisher, Judge. Affirmed as modified. Derek K. Kowata, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson and Robert David Breton, Deputy Attorneys General, for Plaintiff and Respondent. WILLHITE, J. Defendant Christian Aguilar appea... The PEOPLE, Plaintiff and Respondent, v. Arnett HELTON, Jr., Defendant and Appellant. , Cal.App. 1 Dist., November 10, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, for Defendant and Appellant. RICHMAN, J. A jury found defendant Arnett Helton guilty of first degree burglary (Pen.Code, § 459), [FN1] and guilty of attempting to murder Amber Evans (§§ 664, subd. (a), 187, subd. (a)). He was sentenced to 32 years to life in prison. FN1. Unless otherwise noted, all statutory references are to the Penal Code. Hel... Arnold GREENSPAN, Individually and as Trustee, etc., Plaintiff, Appellant and Cross-Respondent, v. MANHATTAN LOFT, LLC, et al., Defendants, Respondents and Cross-Appellants. , Cal.App. 2 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Richard L. Fruin, Judge. Reversed and remanded with directions. Bingham McCutchen, Daniel Alberstone, Peter F. Smith and Rena L. Scott; Greines, Martin, Stein & Richland, Robin Meadow and Jeffrey E. Raskin for Plaintiff, Appellant and Cross-Respondent. Leonard, Dicker & Schreiber, James P. Schreiber, Steven A. Schuman and Christopher L. Frost for Defendants, Respondents and Cross-Appellants. CROSKEY, J. Andrew Mei... MICHAEL BERRY et al., Plaintiffs and Appellants, v. CITY OF ANTIOCH et al., Defendants and Respondents. , Cal.App. 1 Dist., November 10, 2009 Waukeen Q. McCoy, San Francisco, CA, for Plaintiff and Appellant. Gary A. Watt, McNamara Dodge Ney et al., Walnut Creek, CA, for Defendant and Respondent. MARCHIANO, P.J. Antioch police shot and wounded Noemi Berry in 2001. Ms. Berry died in 2005. Her parents, plaintiffs Michael Berry and Aida Dellosa, sued defendants, the City of Antioch and two of its police officers, for wrongful death. Defendants moved for summary judgment on the ground that plaintiffs could not show the shooting c... CITY OF BERKELEY, Plaintiff and Respondent, v. U-HAUL COMPANY OF CALIFORNIA et al., Defendants and Appellants. , Cal.App. 1 Dist., November 10, 2009 Zach Cowan, Office Of The City Attorney, Lynne Sarah Bourgault, Berkeley City Attorney, Berkeley, CA, for Plaintiff and Respondent. Daniel Craig Lapidus, Lapidus & Lapidus, Beverly Hills, CA, for Defendant and Appellant. JENKINS, J. This is an appeal from the trial court's decision to grant an application for a preliminary injunction in a public nuisance action. Because a decision from this court in another action involving the same parties and the same underlying issues has rendered t... In re the MARRIAGE OF JENNY and FRANK B. Jenny M., Respondent, v. Frank B., Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from orders of the Superior Court of San Diego County, Lorna A. Alksne, Gonzalo Curiel, Judges. Affirmed. Stephen Temko, San Diego, CA, for Respondent. Frank B., Pro Per. AARON, J. I INTRODUCTION Frank B. (Frank) and Jenny M. (Jenny) were married in 1984. During their marriage, Frank and Jenny had two children: E., born in 1990, and G., born in 1992. In 2003, Frank and Jenny ended their marriage by way of a written stipulation that was incorporated into a marital dissolut... The PEOPLE, Plaintiff and Respondent, v. Frederick TELLEZ, Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Norman J. Shapiro, Judge. Affirmed. Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Daniel C. Chang and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent. ROTHSCHILD, Acting P.J. The People charged Frederick Tellez with... Patricia FERNANDEZ et al., Plaintiffs and Appellants, v. SPV WATER COMPANY et al., Defendants and Respondents. , Cal.App. 2 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Terry A. Green, Judge. Affirmed. Law Office of Frank E. Marchetti and Frank E. Marchetti, for Plaintiffs and Appellants. Morris Polich & Purdy, David L. Brandon and Richard A. Capella, for Defendants and Respondents. RUBIN, Acting P.J. Plaintiffs Patricia Fernandez, Manuel Fernandez, and Carey Moisan appeal from the judgment entered after defendant SPV Water Company was granted summary adjudication of several causes... The PEOPLE, Plaintiff and Respondent, v. Darryl ANTHONY, Defendant and Appellant. , Cal.App. 1 Dist., November 10, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, Carlo Andreani, San Francisco, CA, for Defendant and Appellant. KLINE, P.J. Based on evidence discovered in a warrant search of a home in which Darryl Anthony was staying, a jury found that he possessed for sale more than 14.25 grams of heroin (Health & Saf.Code, § 11351; Pen.Code, § 1203.07, subd. (a)(1)). Sentenced on September 19, 2008, to a mitigated term of two years ... The PEOPLE, Plaintiff and Respondent, v. Vernell Devon BUSH, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Peter E. Riddle, Judge. Affirmed in part; reversed in part. Angela Marie Borzachillo, Office Attorney General, San Diego, CA, for Plaintiff and Respondent. Patricia Ann Scott, Prescott, AZ, for Defendant and Appellant. IRION, J. A jury convicted Vernell Devon Bush of two counts of grand theft (Pen.Code, [FN1] § 487, subd. (c)); three counts of second degree robbery with personal use of a firearm (§§ 211, 12022.53); o... The PEOPLE, Plaintiff and Appellant, v. Jeffrey Lewis MOORE, Defendant and Respondent. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Riverside County, Helios J. Hernandez, Judge. Reversed and remanded with directions. Rebecca Marie Madrid, Office of the District Attorney, Riverside, CA, for Plaintiff and Appellant. Michael Alex Goldfeder, El Segundo, CA, for Defendant and Respondent. McCONNELL, P.J. INTRODUCTION A jury convicted Jeffrey Lewis Moore of various offenses related to an alleged domestic violence incident. The trial court granted Moore a new trial. The ... The PEOPLE, Plaintiff and Respondent, v. Jim Alex STORY, Defendant and Appellant. , Cal.App. 5 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Tulare County. Kathryn T. Montejano, Judge. Nuttall and Coleman and Roger T. Nuttall for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, Acting P.J., Dawson, J., and Kane, J. STATEMENT OF THE CASE On November 7, 2007, the Tulare County... The PEOPLE, Plaintiff and Respondent, v. Mitchell YOUNG, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Gale E. Kaneshiro, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Sylvia Koryn, San Diego, CA, for Defendant and Appellant. AARON, J. I. INTRODUCTION A jury found Mitchell Young guilty of possession of a controlled substance (Health & Saf.Code, § 11350) (count 1), resisting an officer (Pen.Code, § 148, subd. (a)(1)) [FN1] (count 2), destroying evidence (§ 135) (count... Steven L. SMITH, Cross-defendant and Appellant, v. Jennifer Leslie HANCE et al., Cross-complainants and Respondents. , Cal.App. 4 Dist., November 10, 2009 APPEAL from an order of the Superior Court of San Diego County, Ronald S. Prager, Judge. Affirmed in part, reversed in part and remanded with directions. Motion for sanctions denied. John B. Barriage, San Diego, CA, for Cross-defendant and Appellant. O'ROURKE, J. Appellant Steven Smith appeals from an order denying his special motion to strike the cross-complaint of respondents Jennifer Hance and Danny Hance under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsui... Sam H. FARAHANI, Plaintiff and Respondent, v. SAN DIEGO COMMUNITY COLLEGE DISTRICT et al., Defendants and Appellants. , Cal.App. 4 Dist., November 10, 2009 APPEAL from an order of the Superior Court of San Diego County, Joan M. Lewis, Judge. Affirmed. Dennis M. Grady, Grady and Associates, San Diego, CA, for Plaintiff and Respondent. Richard Erik Romero, Stutz Artiano Shinoff & Holtz, San Diego, CA, for Defendants and Appellants. McINTYRE, J. The San Diego Community College District (District) appeals from an order awarding Sam H. Farahani $50,300.34 in attorneys fees pursuant to Code of Civil Procedure section 1021.5 (section 1021.5).... ESTATE OF Catherine L. HUTCHISON, Deceased. Martha Price, Petitioner and Appellant, v. Christopher Alvarado, Objector and Respondent. , Cal.App. 4 Dist., November 10, 2009 Appeal from an order of the Superior Court of Orange County, Randall J. Sherman, Judge. Affirmed. Law Office of John M. Beall and John M. Beall for Petitioner and Appellant. S.J. Coleman & Associates and Sandra J. Coleman for Objector and Respondent. OPINION IKOLA, J. Petitioner Martha Price appeals from the court's order determining the distribution of the estate of Catherine Hutchison. [FN1] The court ordered one half of Catherine's estate to be distributed to Price (Catherine's... The PEOPLE, Plaintiff and Respondent, v. Ernest Willard DOWNEY, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Lantz Lewis, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Melissa J. Schmitt, San Diego, CA, for Defendant and Appellant. HUFFMAN, Acting P.J. A jury convicted Ernest Willard Downey of assault by means of force likely to produce great bodily injury (Pen.Code, [FN1] § 245, subd. (a)(1)) and battery with serious bodily injury (§ 243, subd. (d)). With respect to the assaul... The PEOPLE, Plaintiff and Respondent, v. Tamesha WINDOM, Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed as modified. Carol S. Boyk, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and Julie A. Harris, Deputy Attorneys General, for Plaintiff and Respondent. JACKSON, J. INTRODUCTION Defendant Tamesha... The PEOPLE, Plaintiff and Respondent, v. Marcelino ZUNIGA, Defendant and Appellant. , Cal.App. 3 Dist., November 10, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Patrick Joseph Hennessey Jr., Attorney at Law, San Diego, CA, for Defendant and Appellant. ROBIE, J. In the early morning, while defendant Marcelino Zuniga was arguing with his girlfriend behind a vehicle in the middle of a street, a police officer approached the scene. After a brief discussion with defendant, the officer arrested him for public intoxication. A subsequent search of defendant and the veh... In re B.E., a Person Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. R.E., Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 APPEAL from orders of the Superior Court of Los Angeles County. Jan Levine, Judge. Affirmed in part, reversed in part, and remanded with directions. Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, Robert E. Kalunian, Acting County Counsel, James M. Owens, Assistant County Counsel, and Frank J. DaVanzo, Deputy County Counsel, for Plaintiff and Respondent. ROTHSCHILD, J. R.E. (Mother) appeals from the juvenile... The PEOPLE, Defendant and Appellant, v. Any Iban Sanchez CURIEL, Plaintiff and Respondent. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of San Bernardino County. Raymond L. Haight III, Judge. Affirmed. Mark Anchor Albert, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION GAUT, J. Defendant was tried by a jury and convicted of being in possession of a stolen vehicle (Pen.Code, § 496d, subd. (a)), for which he was sentenced to the low term of one year four months in state prison. BACKGROUND On August 4, 2007, at... The PEOPLE, Plaintiff and Respondent, v. Tony Curtis McCARTER, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of Riverside County. Dennis A. McConaghy, Judge. (Retired judge of the Riverside Sup.Ct., assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION GAUT, J. Defendant, Tony Curtis McCarter, pled guilty to forging a real estate document (Pen.Code, § 115) in 2007 and was placed on forma... The PEOPLE, Plaintiff and Respondent, v. James Richard BANFILL, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of Riverside County. Edward D. Webster, Judge. Affirmed. Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION GAUT, J. Defendant, James Richard Banfill, pled guilty to one count of corporal injury to a spouse (Pen.Code, § 273.5, subd. (a)), as well as one count of criminal threats (Pen.Code, § 422), and admitted one prison prior (Pen.Code, § 667.5, subd. (b)), purs... Jacqueline LONDO, Plaintiff and Respondent, v. Dennis BURNS, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of San Bernardino County. J. Michael Gunn and Harry E. Woolpert, [FN1] Judges. Affirmed. FN1. Harry E. Woolpert is a retired judge of the San Luis Obispo Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. Law Offices of Daniel W. Rinaldelli and Daniel W. Rinaldelli for Defendant and Appellant. Tomlinson, Prince, Cullen & Leahy and James Allen for Plaintiff and Respondent. OPINION GAUT, J.... The PEOPLE, Plaintiff and Respondent, v. Earvin WILSON, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of Riverside County. Robert W. Armstrong, Judge. (Retired judge of the Los Angeles Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Christopher Blake, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia, and Elizabeth S. Voorhies, Deputy Attorne... In re the Marriage of Raymond Michael PEDERSEN and Heidi Pedersen. Raymond Michael Pedersen, Respondent, v. Heidi Kappeler, Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from an order of the Superior Court of Imperial County, Poli Flores, Jr., Commissioner. Reversed and remanded with directions. Virginia Spiegel Criste, Indian Wells, CA, for Respondent. Kenneth Eric Baker, Pine Valley, CA, for Appellant. NARES, J. Heidi Kappeler appeals a family court order denying her request that the stipulated child custody and visitation orders incorporated into the judgment dissolving her marriage to Raymond Michael Pedersen be modified so as to give her... In re J.F. et al., Persons Coming Under the Juvenile Court Law. Riverside County Department of Public Social Services, Plaintiff and Respondent, v. C.N., Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of Riverside County. Christopher J. Sheldon, Judge. Affirmed. Julie E. Braden, under appointment by the Court of Appeal, for Defendant and Appellant. Pamela J. Walls, County Counsel, and Sophia H. Choi, Deputy County Counsel, for Plaintiff and Respondent. Konrad S. Lee, under appointment by the Court of Appeal, for Minors. OPINION GAUT, J. C.N., the mother of Jas.F., Ant. F., Arl.F., and Jes.F., appeals from a judgment terminating her parental rights... In re JOVANNY R., a Person Coming Under the Juvenile Court Law. Orange County Social Services Agency, Plaintiff and Respondent, v. Maryann R., Defendant and Appellant, Christine G., Objector and Appellant. , Cal.App. 4 Dist., November 10, 2009 Appeal from an order of the Superior Court of Orange County, Gary Bischoff, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21 .) Affirmed. Liana Serobian, under appointment by the Court of Appeal, for Objector and Appellant. Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor. OPINION B... In re D.H., et al., Persons Coming Under the Juvenile Court Law. Kern County Department of Human Services, Plaintiff and Respondent, v. C.P., Defendant and Appellant. , Cal.App. 5 Dist., November 10, 2009 APPEAL from an order of the Superior Court of Kern County. Peter A. Warmerdam, Juvenile Court Referee. Patrick M. Keene, under appointment by the Court of Appeal, for Defendant and Appellant. Theresa A. Goldner, County Counsel, and Susan M. Gill, Deputy County Counsel, for Plaintiff and Respondent. OPINION GOMES, J. C.P. (mother) appeals from the juvenile court's dispositional order declaring her then six-year-old daughter D. and her two sons, then two- and one-year-old A. and K. (the... The PEOPLE, Plaintiff and Respondent, v. Kyle Paul COUTURIER, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Louis R. Hanoian, Judge. Affirmed. Office of the Attorney General San Diego, CA, for Plaintiff and Respondent. Laura G. Schaefer, San Diego, CA, for Defendant and Appellant. NARES, Acting P.J. In March 2008 a jury found Kyle Paul Couturier guilty of one count of first degree murder under Penal Code [FN1] section 187, subdivision (a) (count 1). The court dismissed a charge of robbery (§ 211; count 2) and assault by mea... The PEOPLE, Plaintiff and Respondent, v. Rodney Jammal JONES, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Cynthia Bashant, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Robert Vernon Vallandigham Jr., Sausalito, CA, for Defendant and Appellant. NARES, J. A jury found Rodney Jammal Jones not guilty of possession of cocaine base for the purpose of sale. Jones was convicted of the lesser offense of possession of cocaine base. (Health & Saf.Code, § 11350, subd. (a).) Additional... The PEOPLE, Plaintiff and Respondent, v. Fernando CASILLAS, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Albert T. Harutunian III, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Robert E. Boyce, San Diego, CA, for Defendant and Appellant. McINTYRE, J. A jury convicted Fernando Casillas of robbery (count 1) and assault with a deadly weapon (count 2). The jury found true the allegations that Casillas had personally used a firearm as to both counts. On count 1, the jury also fo... Maria CABRAL, Plaintiff and Respondent, v. RALPHS GROCERY COMPANY, Defendant and Appellant. , Cal.App. 4 Dist., November 10, 2009 APPEAL from the Superior Court of San Bernardino County. Kenneth Andreen, Judge. (Retired Associate Justice of the Court of Appeal, Fifth Appellate District assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed and remanded with directions. Bell, Orrock & Watase, Stanley Orrock; Greines, Martin, Stein & Richland, Timothy T. Coates and Lillie Hsu, for Defendant and Appellant. Shernoff Bidart Darras Escheverria, Frank N. Darras, Lissa A. Martinez; Donahue and H... PRINCESS CRUISE LINES, LTD., Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; H. Roger Wang et al., Real Parties in Interest. , Cal.App. 2 Dist., November 10, 2009 ORIGINAL PROCEEDING in mandate. Aurelio N. Munoz, Judge. Petition granted. Kaye, Rose & Partners, Bradley M. Rose, Carolyn J. Kaye, Aksana Moshaiv and Andre M. Picciurro for Petitioner. No appearance for Respondent. Bailey Law Group, Mohammed K. Ghods and William A. Stahr for Real Parties in Interest. FLIER, J. The plaintiffs, real parties in interest in the proceedings before us, H. Roger Wang and Vivine Wang (from time to time collectively referred to as the Wangs), sued petiti... WELLS FARGO BANK et al., Plaintiffs and Respondents, v. James NEILSEN, Defendant and Appellant. , Cal.App. 1 Dist., November 10, 2009 BY THE COURT. It is ordered that the opinion filed on October 22, 2009, be modified as follows: On page 2 at the end of the first paragraph, the following footnote is added: "By a Petition for Rehearing and accompanying Request for Judicial Notice, appellant attempted to change these facts from those just recited, and also recited in his original briefs to us. In the later filings, he belatedly contended that there was an earlier, i.e., December 2001, loan of $275,000 made to him by PHH... In re JENNIFER S., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Jennifer S., Defendant and Appellant. , Cal.App. 1 Dist., November 10, 2009 Superior Court of Del Norte County, No. JVSQ08-6182, Robert W. Weir, Judge. Surowitz & Bell and Bobby Bell, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Gerald A. Engler, Assistant Attorney General, Lawrence K. Sullivan and Martin S. Kaye, Deputy Attorneys General, for Plaintiff and Respondent. SIMONS, J. Appellant Jennifer S., born in May 1993, was made a ward of the court (Welf. & Inst.Code, § 602, subd. (a)) and p... Michael KAYE, Plaintiff and Appellant, v. BOARD OF TRUSTEES OF the SAN DIEGO COUNTY PUBLIC LAW LIBRARY, Defendant and Respondent; San Diego County Public Law Library et al., Real Parties in Interest and Respondents. , Cal.App. 4 Dist., November 10, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Barry Hammer, Judge. (Retired judge of the San Luis Obispo Sup.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Michael Kaye, in pro. per., for Plaintiff and Appellant. Andrews, Lagasse, Branch & Bell LLP, Margaret C. Bell and Shauna L. Durrant, for Defendant and Respondent, and for Real Parties in Interest and Respondents. McCONNELL, P.J. INTRODUCTION A former law librarian w... David NIELSEN et al., Plaintiffs and Respondents, v. Guy GIBSON as Executor, etc., Defendant and Appellant. , Cal.App. 3 Dist., November 10, 2009 Holding: The Court of Appeal, Sims, Acting P.J., held that record owner living in Ireland was presumed to have notice of adverse possessors' claim to the property. Affirmed. John M. Latini, Sacramento, for Defendant and Appellant. Meegan, Hanschu & Kassenbrock and Peter J. Pullen, Sacramento, for Plaintiff and Respondent. SIMS, Acting P.J. David Nielsen and his wife Tricia brought this action against Guy Gibson, in his capacity as executor of the estate of Bettyan Gayl Bender (Gay... The PEOPLE, Plaintiff and Respondent, v. Luis VILLA, Defendant and Appellant. , Cal.App. 3 Dist., November 10, 2009 Holdings: The Court of Appeal, Robie, J., held that: (1) statute prohibiting possession of firearms after certain juvenile adjudications did not violate Second Amendment; (2) statute prohibiting carrying a loaded firearm in a public place did not violate Second Amendment; but (3) defendant was presumed fit for juvenile adjudication; but (4) defendant failed to show trial court's error was prejudicial, in sentencing defendant as adult without finding of unfitness for juvenile adj... The PEOPLE, Plaintiff and Respondent, v. Ronald Lee SMITH, Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 Holding: The Court of Appeal, Turner, P.J., held that defendant's threats conveyed gravity of purpose and immediate prospect of execution, even though he was in Texas. Affirmed as modified. Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, James William Bilderback II and Sonya Roth, Deputy Attorneys Ge... The PEOPLE, Plaintiff and Respondent, v. Arnulfo VARGAS, Defendant and Appellant. , Cal.App. 2 Dist., November 10, 2009 Holdings: The Court of Appeal, Willhite, Acting P.J., held that: (1) evidence of victim's statements in sexual assault examination violated defendant's right to confrontation; (2) confrontation clause violation was harmless beyond a reasonable doubt to defendant's conviction of forcible rape; but (3) confrontation clause violation was not harmless beyond reasonable doubt to defendant's conviction of forcible penetration by foreign object. Affirmed in part and reversed in part. R... The PEOPLE, Plaintiff and Respondent, v. Pedro SANTIAGO, Defendant and Appellant. , Cal.App. 5 Dist., November 10, 2009 Holding: The Court of Appeal, Wiseman, Acting P.J., held that predeliberation pattern jury instruction directing jurors to keep an open mind was proper. Affirmed. Sylvia Koryn, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent. OPINION WISEMAN, Acting P.J. In the published portion of this opinion, we upho... The PEOPLE, Plaintiff and Respondent, v. Richard PASQUAL, Defendant and Appellant. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Sam Ohta, Judge. Reversed with directions. William S. Pitman for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth C. Byrne and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. ROTHSCHILD, J. Pursuant to a plea bargain, the court sentenced 19-year-old Richard Pasqual to 39 y... The PEOPLE, Plaintiff and Respondent, v. Miles Edgar STARK, Defendant and Appellant. , Cal.App. 3 Dist., November 9, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Michael L. Chastaine, Folsom, CA, pro se. ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT THE COURT. It is ordered that the opinion filed in this case on November 5, 2009, be modified as follows: On page one replace the superior court number 6205081 with 62050581. This modification does not change the judgment. George HERRERA, Plaintiff and Respondent, v. Andre BOHBOT et al., Defendants and Appellants. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Malcolm Mackey, Judge. Affirmed. Bohbot & Riles, Karine Bohbot, Elizabeth L. Riles for Defendants and Appellants. Law Office of K.M. Neiswender, Kate M. Neiswender for Plaintiff and Respondent. ARMSTRONG, Acting P.J. Andre Bohbot, Dan Bohbot, and Bohbot & Son LLC ("the Bohbots") appeal from a judgment entered in favor of George Herrera, on his complaint against them and on their cross-complaint against him. We affir... Alaeddin ENAYATI, Plaintiff and Respondent, v. Nadjatollah ENAYATI, Defendant and Appellant. Behrooz Faridian et al., Plaintiffs and Respondents, v. Nadjatollah Enayati et al., Defendants and Appellants. , Cal.App. 2 Dist., November 9, 2009 APPEALS from judgments of the Superior Court of Los Angeles County. Edward A. Ferns and Soussan G. Bruguera, Judges. Affirmed. Edward A. Hoffman for Defendants and Appellants Nadjatollah Enayati and Hesameddin Enayati. Law Offices of Saul Reiss and Saul Reiss for Plaintiff and Respondent Alaeddin Enayati (Case No. B196597). Law Offices of Ehsan Afaghi, Ehsan Afaghi, Firouzeh Simab for Plaintiffs and Respondents Behrooz Faridian, Behzad Faridian, Alaeddin Enayati, Sirous Setareh, Moin S... Rich WILEY et al., Plaintiffs and Appellants, v. YIHUA INTERNATIONAL GROUP, Defendant and Respondent. , Cal.App. 4 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Michael M. Anello, Judge. Affirmed. Jeffrey Michael Temple, Schwartz Semerdjian Haile Ballard & Cauley, LLP, San Diego, CA, for Plaintiffs and Appellants. Larry W. Lee, Diversity Law Group, Los Angeles, CA, for Defendant and Respondent. O'ROURKE, J. Plaintiffs and appellants Richard and Yvonne Wiley appeal from a summary judgment entered in favor of defendant and respondent Yihua International Group (Yihua), on plain... Mark E. GARLAND, Plaintiff and Respondent, v. Shane M. GARLAND, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from an order of the Superior Court of San Diego County, Jeffrey S. Bostwick, Judge. Affirmed. Mark E. Garland, San Diego, CA, Pro Per. Shane M. Garland, San Diego, CA, Pro Per. O'ROURKE, J. Shane Garland, in propria persona, appeals from a restraining order entered in favor of his brother, Mark Garland. [FN1] In part, the order prohibits Shane from contacting Mark and requires him to stay at least 100 yards away from him for a period of three years. On appeal, Shane challeng... The PEOPLE, Plaintiff and Respondent, v. Jeffrey TABRON, Defendant and Appellant. , Cal.App. 1 Dist., November 9, 2009 Ronald E. Niver, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Kathryn Ann Seligman, First District Appellate Project, San Francisco, CA, for Defendant and Appellant. SIMONS, J. Defendant Jeffrey Tabron (appellant) appeals from the trial court's denial of his motion to suppress evidence (Pen.Code, § 1538.5). [FN1] Following the denial of the motion, appellant entered a guilty plea to felony possession of a firearm by a person under age 30 (§ 12021, su... CITIZENS FOR CIVIC ACCOUNTABILITY, Plaintiff and Appellant, v. TOWN OF DANVILLE, Defendant and Respondent; Davidon Homes, Real Party in Interest and Respondent. , Cal.App. 1 Dist., November 9, 2009 ORDER MODIFYING OPINION AND DENYING REHEARING BY THE COURT. It is ordered that the opinion filed herein on October 14, 2009, be modified as follows: At the end of the first full paragraph under the Disposition on page 31, after the sentence ending "in accordance with the views expressed herein," add the following sentence "On remand, the trial court is directed to consider Citizens's section 21168.9, subdivision (a)(2), request." so that the paragraph reads as follows: The judgment is ... Denise Musu-Hawa HOFFMAN, Plaintiff and Respondent, v. Zakaria M. SHAHIN, Defendant and Appellant; San Francisco County Department of Child Support Services, Intervenor and Respondent. , Cal.App. 1 Dist., November 9, 2009 Denise Musu-Hawa Hoffman, Knoxville, TN, Pro Per. Zakaria M. Shahin, San Francisco, CA, Pro Per. Sharon Quinn, Office of the Attorney General, Sacramento, CA, for Intervenor and Respondent. HAERLE, J. I. INTRODUCTION Zakaria Shahin, appearing in propria persona, [FN1] appeals from the trial court's order of November 20, 2008, confirming the registration of an out-of-state order from Tennessee. Appellant contends the registration was improper because an administrative order from the T... In re KELLIE M., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Kellie M., Defendant and Appellant. , Cal.App. 1 Dist., November 9, 2009 NEEDHAM, J. Kellie M. appeals from a juvenile court order following a contested jurisdictional hearing. She contends there was insufficient evidence to support a finding that she falsely identified herself to police in violation of Penal Code section 148.9, subdivision (a), because there was insufficient evidence she was lawfully detained or arrested at the time she gave a false name. We will affirm the order. I. FACTS AND PROCEDURAL HISTORY A petition filed in December 2007 alleged that Ke... In re KA.V. et al., Persons Coming Under the Juvenile Court Law. San Joaquin County Human Services Agency, Plaintiff and Respondent, v. A.S., Defendant and Appellant. , Cal.App. 3 Dist., November 9, 2009 SIMS, J. Appellant, father of the minors [FN1], appeals in pro per following a proceeding at which a placement hearing was continued. [FN2] (Welf. & Inst.Code, § 395 [undesignated statutory references are to the Welfare and Institutions Code]; In re Melvin A. (2000) 82 Cal.App.4th 1243, 1251 [continuance of section 366.26 hearing is an appealable order].) Appellant, who was incarcerated in Texas at the time of the hearing, claims his due process rights were violated because he was not transp... The PEOPLE, Plaintiff and Respondent, v. Julio Ceaser NAVARETTE, Defendant and Appellant. , Cal.App. 1 Dist., November 9, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, Donn Ginoza, San Francisco, CA, for Defendant and Appellant. SEPULVEDA, J. I. INTRODUCTION Defendant Julio Ceasar Navarette was convicted following his guilty plea to second degree robbery. (Pen.Code, § 211. [FN1]) Defendant contends that the trial court erred in denying his motion to suppress evidence pursuant to section 1538.5, because BART police officers lacked rea... In re the MARRIAGE OF Natalie V. BLAIR and Jeffrey C. Blair. Natalie V. Blair, Appellant, v. Jeffrey C. Blair, Respondent. , Cal.App. 1 Dist., November 9, 2009 Natalie V. Blair, Richmond, CA, Pro Per. Jeffrey C. Blair, San Lorenzo, CA, Pro Per. SEPULVEDA, J. In a postdissolution proceeding, the trial court denied a wife's motion to reconsider a previous order directing the wife to pay credit card debt and an equalizing payment due under the judgment of dissolution. The wife appeals, and both parties represent themselves on appeal. We affirm the order. I. FACTS Natalie V. Blair (Wife) and Jeffrey C. Blair (Husband) were married in 2001 and s... The PEOPLE, Plaintiff and Respondent, v. James Anthony BROWN, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson, Judge. Reversed in part and affirmed in part as modified. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Stephen Merritt Hinkle, Oceanside, CA, for Defendant and Appellant. HUFFMAN, J. A jury convicted James Anthony Brown of three counts of pimping (Pen.Code, [FN1] § 266h, subd. (b); counts 1, 2 & 5), three counts of pandering (§ 266i, subd. (a)(2); counts 3, 4 & 6), an... The PEOPLE, Plaintiff and Respondent, v. Jose M. MEJIA, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of Riverside County. Elizabeth Sichel, Judge. Reversed. Rex Williams, under appointment by the Court of Appeal, and Howard C. Cohen for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Barry Carlton and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RICHLI, Acting, P.J. Defendant Jose M. Mejia was foun... The PEOPLE, Plaintiff and Respondent, v. Larry Daniel MARTINEZ, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of Riverside County, John M. Monterosso, Judge. Affirmed. Jennifer L. Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RAMIREZ, P.J. Following the denial of his motion to suppress evide... The PEOPLE, Plaintiff and Respondent, v. Timothy Titus BATTLE, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of Riverside County. Paul E. Zellerbach, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Elizabeth S. Voorhies, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RAMIREZ, P.J. Defendant and appellant Timothy Titus Battle pled ... The PEOPLE, Plaintiff and Respondent, v. Frank THOMAS, Jr., Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of Riverside County. Sharon J. Waters, Judge. Affirmed in part; reversed in part. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Susan Miller and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RAMIREZ, P.J. A jury convicted defendant and app... In re O.T. et al., Persons Coming Under the Juvenile Court Law. San Bernardino County Children and Family Services, Plaintiff and Respondent, v. L.M., Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of San Bernardino County. Wilfred J. Schneider, Jr., Judge. Affirmed. Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant. Ruth E. Stringer, County Counsel, and Adam E. Ebright, Deputy County Counsel, for Plaintiff and Respondent. OPINION KING, J. L.M. (Mother) appeals from orders terminating her parental rights concerning two of her children, A.M. and O.T., pursuant to section 366.26 of the Welfare and Institutions... In re A.M., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. A.M., Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of San Bernardino County. Shep Zebberman, Temporary Judge, [FN] and Harold T. Wilson, Jr., Judge. Affirmed. FN Pursuant to article VI, section 21, of the California Constitution. Judge Zebberman presided over the contested jurisdiction hearing and sustained the petition in Los Angeles County. The court then ordered the matter transferred to San Bernardino County for disposition. Christy Chandler, under appointment by the Court of Appeal, for Defendant ... In re A.G. et al., Persons Coming Under the Juvenile Court Law. Imperial County Department of Social Services, Plaintiff and Respondent, v. Luis G., et al., Defendant and Respondent; A.G. et al., Appellants. , Cal.App. 4 Dist., November 9, 2009 APPEAL from an order of the Superior Court of Imperial County, Poli Flores, Jr., Commissioner. Reversed. McCONNELL, P.J. Children T.G. and A.G. entered the juvenile dependency system in 2004, when T.G. was two and one-half years old and A.G. was not yet one year old. Nearly five years later, in February 2009, the court granted the Welfare and Institutions Code section 388 [FN1] petition of alleged father Luis G., declaring that he was entitled to reunification services and vacating an ord... In re JAMES R., et al., Persons Coming Under the Juvenile Court Law. San Mateo County Human Services Agency, Plaintiff and Respondent, v. Maria R., Defendant and Appellant. , Cal.App. 1 Dist., November 9, 2009 DONDERO, J. This appeal has been taken by the mother from a judgment pursuant to Welfare and Institutions Code section 366.26 that terminated her parental rights and ordered adoption as the permanent plan for her two minor children, James and Nicholas. [FN1] She claims the trial court erred by failing to find that two statutorily recognized exceptions to adoption were established by the evidence presented: the beneficial parental relationship exception (§ 366.26, subd. (c)(1)(B)(i)) and the ... The PEOPLE, Plaintiff and Respondent, v. Richard ZWIERCAN, Jr., Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of Riverside County. Paul E. Zellerbach, Judge. Affirmed. Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Janet Neeley and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and Respondent. Mennemeier, Glassman & Stroud, Kenneth C. Mennemeier and Kelc... The PEOPLE, Plaintiff and Respondent, v. Glenn Edward MAYS, Jr., Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of Riverside County. Craig Riemer, Judge. Affirmed. Daniel J. Kessler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION RICHLI, Acting P.J. A jury found defendant Glenn Edward Mays, Jr., guilty of robbery (Pen.Code, § 211) [FN1] with the personal use of a firearm (§ 12022.53, subd. (b)) (count 1); two counts of possession of a firearm by a felon (§ 12021, subd. (a)) (counts 2 an... The PEOPLE, Plaintiff and Respondent, v. David Glen BOOTH, Defendant and Appellant. , Cal.App. 1 Dist., November 9, 2009 Sara Turner, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, Michael J. Hersek, Office Of The State Public Defender, Jamilla Ann Moore, San Francisco, CA, for Defendant and Appellant. NEEDHAM, J. David Glen Booth (Booth) appeals from a judgment of conviction imposed after a jury found him guilty of residential burglary and receiving stolen property. (Pen.Code, §§ 459, 496, subd. (a).) He contends: (1) the court erred by... The PEOPLE, Plaintiff and Respondent, v. Andrew Decarlos HERRING, Jr., Defendant and Appellant. , Cal.App. 3 Dist., November 9, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Stephen M. Hinkle, Attorney at Law, Oceanside, CA, for Defendant and Appellant. BLEASE, Acting P.J. The trial court found defendant Andrew DeCarlos Herring, Jr., guilty of four counts of second degree burglary of a vehicle (Pen.Code, § 459 (undesignated statutory references are to this code)--counts 1, 6, 10, & 14) and three counts of petty theft with a prior (§§ 484 & 666--counts 2, 7 & 15). Defendant ... Wylmina LOUMENA, Plaintiff and Appellant, v. Timothy P. LOUMENA, et al., Defendants and Respondents. , Cal.App. 6 Dist., November 9, 2009 Michael Jin-Kon Cheng, Pahl & McCay, San Jose, CA, for Defendant and Respondent. MIHARA, Acting P.J. Plaintiff Wylmina Loumena appeals from the superior court's order granting defendants' special motion to strike (Code Civ. Proc., § 425.16) three of the causes of action in her first amended complaint. She argues that she demonstrated a probability of prevailing on those causes of action. We find otherwise and affirm the order. I. Background Plaintiff and defendant Timothy Loumena (Timot... The PEOPLE, Plaintiff and Respondent, v. Michael NGUYEN, Defendant and Appellant. , Cal.App. 3 Dist., November 9, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. James Johnson, Attorney at Law, San Rafael, CA, for Defendant and Appellant. NICHOLSON, J. Defendant Michael Nguyen appeals following his conviction on six counts of being a felon in possession of a firearm. (Pen.Code, § 12021, subd. (a)(1).) He claims the trial court erred by (1) refusing to allow him to examine a prosecution witness's binder during cross-examination in violation of Evidence Code secti... The PEOPLE, Plaintiff and Respondent, v. Joshua Jay LEHMAN, Defendant and Appellant. , Cal.App. 3 Dist., November 9, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Janet Gray, Attorney at Law, Pacific Grove, CA, for Defendant and Appellant. ROBIE, J. A jury found defendant Joshua Jay Lehman guilty of failing to register as a sex offender, and the trial court found he had a prior strike. The trial court also found, based on the trial evidence, that defendant had violated his probation in a prior case. The trial court sentenced defendant to prison for two years for ... The PEOPLE, Plaintiff and Respondent, v. Johnny CHANTHAVONG, Defendant and Appellant. , Cal.App. 3 Dist., November 9, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Meredith Watts, Attorney at Law, San Francisco, CA, for Defendant and Appellant. NICHOLSON, J. After a jury convicted defendant Johnny Chanthavong of first degree residential burglary and misdemeanor resisting arrest, the court found true an allegation he served a prior prison term for felony vehicle theft. Defendant appeals, claiming the trial court violated the prohibition against dual use of facts... The PEOPLE, Plaintiff and Respondent, v. Misael CHAVEZ, Defendant and Appellant. In re Misael Chavez, on Habeas Corpus. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Leland H. Tipton, Judge. Affirmed. PETITION for writ of habeas corpus. Writ Denied. Tara Hoveland, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ALDRICH, J. Misael Chavez appeals from the judgment entered and seeks a writ of habeas corpus following his plea of no contest to one count of committing a lewd act upon a child under the age of 14 (Pe... The PEOPLE, Plaintiff and Respondent, v. Hugo PINEDA, Defendant and Appellant. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Margaret M. Bernal, Judge. Affirmed with directions. Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent. TURNER, P.J. I. INTRODUCTION Defend... In re A.A., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. A.A., Defendant and Appellant. , Cal.App. 5 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Lloyd G. Carter and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, Acting P.J., Levy, J. and Cornell, J. The juvenile court ... In re D.T., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. D.T., Defendant and Appellant. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Catherine J. Pratt, Judge. Affirmed. Julia Lapis Balkeslee, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ARMSTRONG, J. D.T. appeals from a judgment entered pursuant to Welfare and Institutions Code section 602 and the subsequent dispositional order. The Welfare and Institutions Code section 602 petition alleged that appellant had committed a l... In re E.G., a Person Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. S.G. et al., Defendants and Appellants. , Cal.App. 2 Dist., November 9, 2009 APPEALS from an order of the Superior Court of Los Angeles County. Stanley Genser, Juvenile Court Referee, Judge. Affirmed. Melissa A. Chaitin, under appointment by the Court of Appeal, for Defendant and Appellant S.G. Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant G.L. Office of County Counsel, James M. Owens, Assistant County Counsel, Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent. BOREN, P.J. Appellants S.G. (mother) and G.L. (f... In re A.R., a Person Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. J.R., Defendant and Appellant. , Cal.App. 2 Dist., November 9, 2009 APPEAL from orders of the Superior Court of Los Angeles County, Valerie Skeba, Referee. Affirmed with directions. Anne E. Fragasso, under appointment by the Court of Appeal, for Defendant and Appellant. Robert E. Kalunian, Acting County Counsel, James M. Owens, Assistant County Counsel, and Melinda S. White-Svec, Deputy County Counsel, for Plaintiff and Respondent. FLIER, J. Father J.R. appeals from the jurisdictional and dispositional orders issued by the juvenile court on February 4,... LAW OFFICES OF NEJADPOUR & ASSOCIATES, APLC, Plaintiff and Appellant, v. Judith GONZALEZ, Defendant and Respondent. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Jerry K. Fields, Judge. Affirmed. Law Offices of Nejadpour & Associates, Evelyn J. Abasi for Plaintiff and Appellant. Law Offices of Bruce R. Fink, Bruce R. Fink for Defendant and Respondent. ARMSTRONG, Acting P.J. Plaintiff Law Offices of Nejadpour & Associates, APLC (the "PLC") appeals the trial court's ruling denying it attorney fees as the prevailing party in this lawsuit to recover outstanding fees from a forme... E. Randol SCHOENBERG, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES ASSESSMENT APPEALS BOARD et al., Defendants and Appellants. , Cal.App. 2 Dist., November 9, 2009 APPEALS from a judgment of the Superior Court of Los Angeles County. James R. Dunn, Judge. Affirmed. Burris, Schoenberg & Walden and E. Randol Schoenberg, in pro. per ., for Plaintiff and Appellant. Robert E. Kalunian, Acting County Counsel, Albert Ramseyer, Principal Deputy County Counsel, for Defendants and Appellants. BOREN, P.J. This appeal involves the efforts by plaintiff E. Randol Schoenberg to reduce the tax assessment of his residential real property. The issues concern the... In re V.H., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. V.H., Defendant and Appellant. Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant. , Cal.App. 2 Dist., November 9, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Donna Groman , Judge. Reversed with directions. Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent. ROTHSCHILD, J. Minor V.H. appeals from the order... GLOBAL STARS INVESTMENT, INC., Plaintiff and Appellant, v. GIN WONG ASSOCIATES, LLC, Defendant and Respondent. , Cal.App. 2 Dist., November 9, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Ronald M. Sohigian, Judge. Dismissed. Law Offices of Dennis P. Block & Associates, Dennis P. Block and John H. Greenwood for Plaintiff and Appellant. Schwartz & Janzen, Steven H. Schwartz and Noel E. Macaulay for Defendant and Respondent. ASHMANN-GERST, J. Plaintiff and appellant Global Stars Investment, Inc., purports to appeal from a trial court order sustaining the demurrer of defendant and respondent Gin Wong Asso... The PEOPLE, Plaintiff and Respondent, v. Gregory Andrew HALL, Defendant and Appellant. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Charles F. Palmer, Judge. Affirmed in part; reversed in part and remanded. Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan Sullivan Pithey and John Yang, Deputy Attorneys General, for Plaintiff and Respondent. FLIER, Acting P.J. Gregory Andrew Hall appeals from the judgment following... Ronald WOOLEY, Plaintiff and Appellant, v. PACIFIC COAST ROOFING & CONSTRUCTION, INC., et al., Defendants and Respondents. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Michelle R. Rosenblatt, Judge. Affirmed. Snyder, Dorenfeld, David K. Dorenfeld, Bradley A. Snyder for Plaintiff and Appellant. Brown, Brown & Klass, Delos E. Brown, John J. Strumreiter for Defendant and Respondent. ARMSTRONG, Acting P.J. On December 6, 2004, plaintiff and appellant Ronald Wooley was injured at his place of work, Gianera Pontiac dba Foothill Nissan. He sued, inter alia, respondent Pacific Coast Roof... The PEOPLE, Plaintiff and Respondent, v. Antonio ROCHER, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Esteban Hernandez, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. David L. Polsky, Ashford, CT, for Defendant and Appellant. BENKE, Acting P.J. Antonio Rocher entered a negotiated guilty plea to mayhem (Pen.Code, § 203) [FN1] and admitted he had a prior serious felony conviction (§ 667, subd. (a)(1)) and a prior serious/violent felony or strike conviction (§ 667, subds.... Kenneth BARTON, Plaintiff and Respondent, v. RPOST INTERNATIONAL, Rpost Inc., Zafar Kahn, Terrance Tomkow & Henri Isenberg, Defendants and Appellants. , Cal.App. 2 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Andrew C. Kauffman, Judge. Dismissed. Ben-Zvi & Associates and Henry Ben-Zvi, for Defendants and Appellants. McGarrigle, Kenney & Zampiello and Michael J. Kenney for Plaintiff and Respondent. TURNER, P.J. Plaintiff, Kenneth Barton, purports to appeal from a post-judgment order denying attorney fees incurred in a prior appeal. (Barton v. Khan (Dec. 13, 2007, B190428) [nonpub. opn.].) The prior opinion reversed a dem... The PEOPLE, Plaintiff and Respondent, v. Jesse J. RENTERIA et al., Defendants and Appellants. , Cal.App. 2 Dist., November 9, 2009 APPEALS from judgments of the Superior Court of Los Angeles County. Ronald S. Coen, Judge. Affirmed with corrections. Robert Bryzman, under appointment by the Court of Appeal, for Defendant and Appellant Jesse J. Renteria. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant Emanuel Romero. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant Antonio Ruiz. Daniel J. Bramzon for Defendant and Appellant Jesse Agu... The PEOPLE, Plaintiff and Respondent, v. AMERICAN SURETY INSURANCE COMPANY, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 Appeal from a judgment of the Superior Court of Orange County, Douglas Hatchimonji, Judge. Reversed and remanded with directions. Nunez & Bernstein and E. Alan Nunez for Defendant and Appellant. Benjamin P. de Mayo, County Counsel and Leon J. Page, Deputy County Counsel for Plaintiff and Respondent. OPINION BEDSWORTH, J. American Surety Insurance Company (American Surety) appeals from judgment for the People forfeiting bail after a motion to set aside the forfeiture was denied. It... The PEOPLE, Plaintiff and Respondent, v. Shawn Maurice COHENS, Defendant and Appellant. , Cal.App. 4 Dist., November 9, 2009 APPEAL from the Superior Court of Riverside County. Craig G. Riemer, Judge. Affirmed. Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton, Alana Cohen Butler, and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent. OPINION RAMIREZ, P.J. The jury convicted defendant and appell... George LOUIE, Plaintiff and Appellant, v. BFS RETAIL AND COMMERCIAL OPERATIONS, LLC, Defendant and Respondent. , Cal.App. 3 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Sacramento County, Loren E. McMaster, Judge. Reversed. Law Offices of Morse Mehrban, Morse Mehrban and Brian Keith Andrews for Plaintiff and Appellant. Rutan & Tucker, Ernest W. Klatte, III and Chris M. Heikaus Weaver for Defendant and Respondent. SIMS, Acting P.J. Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC) for alleged violation of California's Disabled Persons Act (Civ.Code,... Tammy KING, Plaintiff and Appellant, v. Barbara JOHNSTON, Defendant and Respondent. , Cal.App. 4 Dist., November 9, 2009 APPEAL from a judgment of the Superior Court of Imperial County, Jeffrey B. Jones, Judge. Reversed and remanded. Glenn, Wright, Jacobs & Schell and Ralph E. Hughes for Plaintiff and Appellant. Law Offices of William F. Roche and William F. Roche for Defendant and Respondent. AARON, J. I. INTRODUCTION Plaintiff Tammy King appeals from a judgment entered in favor of defendant Barbara Johnston. Tammy, [FN1] a beneficiary of the Arthur L. Gilbert Testamentary Trust, sued Barbara in ... The PEOPLE, Plaintiff and Respondent, v. Jacob Townley HERNANDEZ, Defendant and Appellant. , Cal.App. 6 Dist., November 9, 2009 Santa Cruz County Superior Court, Hon. Jeff Almquist. Marc J. Zilversmit, for Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Sr. Assistant Attorney General, Laurence K. Sullivan and Amy Haddix, Deputy Attorneys General, for Respondent. ELIA, J. After a jury trial defendant Jacob Townley Hernandez (Townley) was convicted of premeditated attempted murder, in violation of Penal Code sections 187, subdivision (a),... CALIFORNIA GROUNDWATER ASSOCIATION, Plaintiff and Appellant, v. SEMITROPIC WATER STORAGE DISTRICT, Defendant and Respondent. , Cal.App. 5 Dist., November 9, 2009 Holdings: The Court of Appeal, Vartabedian, Acting P.J., held that: (1) statutory exceptions to applicability of Contractors' State License Law (CSLL) did not exempt district from water well contractor's license requirement; (2) water well contractor's license requirement did not infringe on district's governmental rights and authorities; (3) district was a "person" covered by water well contractor's license requirement; (4) district was not within any ad hoc exception to water well... The PEOPLE, Plaintiff and Respondent, v. Jose Kelly MUNOZ, Defendant and Appellant. , Cal.App. 3 Dist., November 6, 2009 Darren K. Indermill, Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Rita S. Barker, Attorney at Law, Cayucos, CA, for Defendant and Appellant. ORDER MODIFYING OPINION THE COURT. Respondent's request to modify this court's opinion is granted. It is ordered that the opinion filed herein on October 13, 2009, be modified as follows: On page 14, in the unpublished portion of the typewritten opinion, delete the entire paragraph beginning "We have searche... The PEOPLE, Plaintiff and Respondent, v. Lee Albert SAMPRATH, Defendant and Appellant. , Cal.App. 6 Dist., November 6, 2009 Ronald E. Niver, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, George Martin Velez, Novato, CA, for Defendant and Appellant. PREMO, J. Defendant Lee Albert Samprath was convicted by a jury of one count of second degree burglary (Pen.Code, 459, 460, subd. (b)) and one count of attempted petty theft after having served a term in a penal institution for a previous conviction of petty theft (id., 664, 666... Robert K. LEUNG et al., Plaintiffs and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents. , Cal.App. 1 Dist., November 6, 2009 Orestes Alexander Cross, Walston Cross, P.C., Gregory Scott Walston, Walston Cross, San Francisco, CA, for Plaintiffs and Appellants. Stacey Ann Lucas, Office City Attorney, San Francisco, CA, for Defendants and Respondents. JENKINS, J. This is an appeal from the judgment entered in favor of defendants City and County of San Francisco, the San Francisco Police Department and Police Chief Heather Fong (Chief Fong), after the trial court granted their motion for summary judgment. Plaint... The PEOPLE, Plaintiff and Respondent, v. Marion CHILLIS, Defendant and Appellant. , Cal.App. 4 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of San Diego County, William J. McGrath, Jr., Judge. Affirmed as modified. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Diane Nichols, Grass Valley, CA, for Defendant and Appellant. HALLER, Acting P.J. Marion Chillis appeals from a judgment convicting him of first degree murder under theories of premeditation or lying in wait, with a true finding on a lying-in-wait special circumstance allegation. He raise... William H. DURANT et al., Plaintiffs and Appellants, v. CBU BUILDS, INC., et al., Defendants and Appellants. , Cal.App. 4 Dist., November 6, 2009 APPEALS from a judgment of the Superior Court of San Diego County, Laura W. Halgren, Judge. Affirmed. Howard Alan Kitay, Law Offices of Howard Alan Kitay, El Cajon, CA, for Plaintiff and Appellant. Michael Sullivan, Morris Sullivan & Lemkul LLP, San Diego, CA, for Defendant and Appellant. BENKE, Acting P.J. Plaintiff was injured when the motorcycle he was riding collided with a truck being driven by a construction worker. The construction worker was driving to defendant's constructi... The PEOPLE, Plaintiff and Respondent, v. Colton Jay SIMPSON, Defendant and Simpson. , Cal.App. 4 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of Riverside County, F. Paul Dickerson III, Judge. Reversed in part; affirmed in part. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Robert F. Howell, Del Rey Oaks, CA, for Defendant and Appellant. BENKE, Acting P.J. The circumstantial evidence in this case demonstrated in a fairly convincing fashion that defendant and appellant Simpson Colton Jay Simpson participated in a jewelry robbery as the driver of th... The PEOPLE, Plaintiff and Respondent, v. James Calvin GAINES, Defendant and Appellant. , Cal.App. 3 Dist., November 6, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent Richard A. Levy, Attorney at Law, Torrance, CA, for Defendant and Appellant. RAYE, J. In 1972 12-year-old Shannon Ritter was murdered while babysitting. The case remained unsolved until January 2007, when an information charged defendant James Calvin Gaines with murder. After eight days of deliberations, a jury found defendant guilty. Sentenced to life in prison with the possibility of parole, defendant ... In re D.G., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. D.G., Defendant and Appellant. , Cal.App. 3 Dist., November 6, 2009 SIMS, Acting P.J. D.G., who was previously adjudged a ward of the court under Welfare and Institutions Code section 602, [FN1] appeals following an order modifying probation after he admitted a probation violation. (§ 800 [after a § 602 disposition, minor may appeal from subsequent order as an order after judgment].) D.G. challenges two probation conditions. We shall modify one probation condition and leave the other as is. FN1. Undesignated statutory references are to the Welfare and... The PEOPLE, Plaintiff and Respondent, v. Antonio AYALA, Defendant and Appellant. , Cal.App. 2 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Michael L. Schuur, Judge. Affirmed. Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth C. Byrne and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent. RUBIN, Acting P.J. Defendant Antonio Ayala appeals from the judg... The PEOPLE, Plaintiff and Respondent, v. Erik Levi JARQUIN, Defendant and Appellant. , Cal.App. 5 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of Kings County. James T. Laporte, Judge. Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Gomes, Acting P.J., Dawson, J. and Hill, J. Appellant, Erik Levi Jarquin was an inmate at Corcoran State Prison. On August 12, 2008, a correctional officer conducting random patsearches stopped Jarquin and searched him. The officer... The PEOPLE, Plaintiff and Respondent, v. Charles BRADLEY, Defendant and Appellant. , Cal.App. 2 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Karl Kellogg, Judge. Affirmed. Catherine Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. KRIEGLER, J. Pursuant to a negotiated case disposition, defendant and appellant Charles Bradley entered a plea of no contest to a violation of Health and Safety Code section 11378 (possession of methamphetamine for the purpose of sale) and admi... Laverne HINES, Plaintiff and Appellant, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Defendant and Respondent. , Cal.App. 2 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Rolf M. Treu, Judge. Affirmed. Mancini & Associates, Marcus A. Mancini, Timothy Gonzales; Benedon & Serlin, Gerald M. Serlin and Kelly R. Horwitz for Plaintiff and Appellant. Office of the County Counsel Transporation Division, Mary E. Reyna; Greines, Martin, Stein & Richland, Martin Stein and Barbara S. Perry for Defendant and Respondent. KRIEGLER, J. In this disability discrimination action under the Fair Employme... In re M.S., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. M.S., Defendant and Appellant. , Cal.App. 6 Dist., November 6, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Lori A. Quick, Sixth District Appellate Program, Santa Clara, CA, for Defendant and Appellant. McADAMS, J. Defendant M.S. appeals from the juvenile court's order of $300 in restitution to the Gilroy Unified School District. We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case but raises no specific issues. We notified defendant of his... Edward STOUT, individually and as Trustee, etc., et al., Plaintiffs and Appellants, v. BALBOA INSURANCE COMPANY, Defendant and Respondent. , Cal.App. 4 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Ronald L. Styn, Judge. Reversed. Jordan Steven Stanzler, Stanzler Funderburk & Castellon, LLP, Los Angeles, CA, Ruben Alonso Castellon, Stanzler Funderburk & Castellon, LLP, Alamo, CA, for Plaintiff and Appellant. Max H. Stern, Duane Morris LLP, San Francisco, CA, for Defendant and Respondent. IRION, J. In the underlying action, the City of Rialto (Rialto) sued the trustees and beneficiaries of the E.F. Schulz Trust ... Shawn James Allen WOODALL, Plaintiff and Appellant, v. William KOLENDER et al., Defendants and Respondents. , Cal.App. 4 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Barry Hammer, Judge. Affirmed. Shawn James Allen Woodall, San Diego, CA, Pro Per. James Chapin, Office of the County Counsel, San Diego, CA, for Defendants and Respondents. BENKE, J. Plaintiff and appellant Shawn James Allen Woodall, acting in propria persona, appeals from the trial court's judgment dismissing his amended complaint against defendants and respondents the Sheriff of San Diego County and several employee... In re J.D., a Person Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. D.S., Defendant and Appellant. , Cal.App. 4 Dist., November 6, 2009 APPEAL from an order of the Superior Court of San Diego County, Carol Isackson, Judge. Affirmed. McDONALD, Acting P.J. D.S. appeals an order removing her son, J.D., from her custody under Welfare and Institutions Code [FN1] section 361, subdivision (c). FN1. Further statutory references are to the Welfare and Institutions Code unless otherwise specified. FACTUAL AND PROCEDURAL BACKGROUND D.S. is the mother of two children, J.S., born in January 2006, and J.D., born in Nove... The PEOPLE, Plaintiff and Respondent, v. Jeffrey S. GAPNER, Defendant and Appellant. , Cal.App. 4 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Amanda Benedict, Law Offices of Amanda Benedict, Encinitas, CA, for Defendant and Appellant. HALLER, J. Jeffrey S. Gapner entered a negotiated guilty plea to driving under the influence of alcohol (Veh.Code, § 23152, subd. (a)) [FN1] and admitted (1) he had a prior drunk driving conviction within the pas... In re S.S., a Person Coming Under the Juvenile Court Law. Riverside County Department of Public Social Services, Plaintiff and Respondent, v. S.S., Defendant and Appellant. , Cal.App. 4 Dist., November 6, 2009 APPEAL from the Superior Court of Riverside County. Michael J. Rushton, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Grace Clark, under appointment by the Court of Appeal, for Defendant and Appellant. Pamela J. Walls, County Counsel, and Carole A. Nunes Fong, Deputy County Counsel, for Plaintiff and Respondent. Linda Rehm, under appointment by the Court of Appeal, for Minor. OPINION McKINSTER, J. S.S. (hereafter father) appeals an order terminating his pare... The PEOPLE, Plaintiff and Respondent, v. Danny KIM, Defendant and Appellant. , Cal.App. 2 Dist., November 6, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Kennedy-Powell, Judge. Affirmed in part, reversed in part, and remanded. Peter Gold, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Richard S. Moskowitz, Deputy Attorneys General, for Plaintiff and Respondent. EPSTEIN, P.J. ... John DOE et al., Plaintiffs and Appellants, v. ROMAN CATHOLIC BISHOP OF SAN DIEGO et al., Defendants and Respondents. , Cal.App. 2 Dist., November 6, 2009 APPEAL from the judgment of the Superior Court of Alameda County. Emilie H. Elias, Judge. Affirmed. Zalkin & Zimmer, Irwin M. Zalkin and Devin M. Storey for Plaintiffs and Appellants. Hennigan, Bennett & Dorman and Lee W. Potts; Shea Stokes Roberts & Wagner, Maria C. Roberts, Shirley Gauvin, and Christina Yates, for Defendant and Respondent Roman Catholic Bishop of San Diego. Tobin & Tobin and Paul E. Gaspari, for Defendants and Respondents The Roman Catholic Bishop of Monterey in Cali... Dawna A. JOSEPH et al., Plaintiffs and Appellants, v. Carolyn A. JOHNSON, Defendant and Respondent. , Cal.App. 1 Dist., November 6, 2009 Superior Court of Alameda County, No. RG06276792, Kenneth Mark Burr, Judge. Arnold I. Berschler for Plaintiff and Appellant. Buresh, Kaplan, Jang & Feller, Lawrence A. Baker for Defendant and Respondent. POLLAK, Acting P.J. Plaintiffs Dawna A. Joseph and Nicole N. McGowan appeal from an order sustaining without leave to amend a demurrer to their third amended complaint for personal injury against defendant Carolyn A. Johnson. Plaintiffs contend that Johnson is liable for damages ari... Heliodoro MORENO, Plaintiff and Appellant, v. Javier Mora CORONEL, Defendant and Respondent. , Cal.App. 4 Dist., November 6, 2009 APPEAL from the Superior Court of Riverside County. Mark Marnell, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Gibson & Hughes, Robert Gibson, Jeffrey S. Hughes; Bisnar Chase, Brian D. Chase, John V. Bell and Scott A. Ritsema for Plaintiff and Appellant. Abeltin & Migoya and James B. Abeltin for Defendant and Respondent. OPINION RICHLI, J. Plaintiff Heliodoro Moreno was injured in an auto accident involving (among others) defendant Javier Mora Coronel. [FN1] ... BIOQUEST VENTURE LEASING COMPANY-A, N.V., Plaintiff and Respondent, v. VIVORX AUTOIMMUNE, INC., et al., Defendants and Appellants. , Cal.App. 2 Dist., November 5, 2009 APPEAL from a judgment and an order of the Superior Court of Los Angeles County, Terry Friedman, Judge. Judgment reversed and remanded with directions. Order vacated. Glaser, Weil, Fink, Jacobs & Shapiro, Patricia L. Glaser, Caroline H. Mankey ; Greines, Martin, Stein & Richland, Kent L. Richland, Alan Diamond, Jeffrey E. Raskin and Sheila A. Wirkus for Defendants and Appellants. Duane Morris, Heather U. Guerena, Paul J. Killion, Matthew A. Taylor and James H. Steigerwald for Plaintiff a... The PEOPLE, Plaintiff and Respondent, v. Steve Thomas STARR, Defendant and Appellant. , Cal.App. 3 Dist., November 5, 2009 Charles French, Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Deborah Prucha, Central California Appellate Program, Sacramento, CA, for Defendant and Appellant. BLEASE, Acting P.J. Defendant Steve Thomas Starr pleaded guilty to arson of an inhabited structure (Pen.Code, [FN1] § 451, subd. (b)), pleaded no contest to assault by force likely to produce great bodily injury (§ 245, subd. (a)(1)), and admitted that he used an accelerant in the commissio... Debra S. MENDEZ, Plaintiff and Respondent, v. Robert R. MENDEZ, as Trustee, etc., Defendant and Appellant. , Cal.App. 5 Dist., November 5, 2009 APPEAL from an order of the Kern County Superior Court. Louie L. Vega, Judge. Law Offices of Barry L. McCown and Barry L. McCown for Defendant and Appellant. Law Offices of Larry L. Fields and Larry L. Fields for Plaintiff and Respondent. OPINION LEVY, J. Appellant, Robert R. Mendez, purports to appeal from an order denying his motion to vacate or reconsider a previous order removing him as trustee of the Jovela R. Mendez Family Wealth Preservation Trust of 2003 (Trust). However, this... The PEOPLE, Plaintiff and Respondent, v. Manuel ZUBIATE, Jr., Defendant and Appellant. , Cal.App. 5 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Kern County. Jerold L. Turner, Judge. Tara Hoveland, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Cornell, A.P.J., Hill, J., and Kane, J. At about 6: 00 a.m. on April 6, 2007, Rex Williams went to the Globe Motel with appellant, Manuel Zubiate, Jr., where he met a woman named Christi Collins. After arriving at the motel, Williams we... In re K.I. et al., Persons Coming Under the Juvenile Court Law. Fresno County Department of Children & Family Services, Plaintiff and Respondent, v. F.N., Defendant and Appellant. , Cal.App. 5 Dist., November 5, 2009 APPEAL from an order of the Superior Court of Fresno County. Jane Cardoza, Judge. Mary R. Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Kevin B. Briggs, Interim County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, A.P.J., Wiseman, J. and Levy, J. F.N. (mother) appeals from an order terminating her parental rights (Welf. & Inst.Code, § 366.26) to her daughters, on... The PEOPLE, Plaintiff and Respondent, v. Luis M. GOMEZ, Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 Edward F. Brodie, Judge, Superior Court County of Ventura. Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Julie A. Harris, Deputy Attorneys General, for Plaintiff and Respondent. PERREN, J. Luis M. Gomez appeals the judgment entered after a jury convicted him of spousal rape (Pen.Code, ... The PEOPLE, Plaintiff and Respondent, v. Troy Cebran SANDERS, Jr., Defendant and Appellant. , Cal.App. 1 Dist., November 5, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, for Defendant and Appellant. SEPULVEDA, J. Defendant Troy Cebran Sanders, Jr., was found guilty by jury trial of second degree burglary (Pen.Code, §§ 459, 460, subd. (b)), felony vandalism (Pen.Code, § 594, subd. (b)(1)), and felony attempting to evade a peace officer while driving recklessly (Veh.Code, § 2800.2, subd. (a)) after he burglarized a gas sta... The PEOPLE, Plaintiff and Respondent, v. Carla Jean KLEIN, Defendant and Appellant. , Cal.App. 3 Dist., November 5, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Michael Allen, San Francisco, CA, for Defendant and Appellant. BLEASE, J. A jury convicted defendant Carla Jean Klein on count one of violating Health and Safety Code section 11377, subdivision (a), possession of a controlled substance (methylphenidate), and on counts two and three of violating Health and Safety Code section 11364, possession of narcotic paraphernalia. In a bifurcated proceeding, the t... The PEOPLE, Plaintiff and Respondent, v. Megan Wells KINTER, Defendant and Appellant. Megan Kinter, Petitioner, v. Marin County Superior Court, Respondent; The People, Real Party in Interest. , Cal.App. 1 Dist., November 5, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. L. Richard Braucher, First District Appellate Project, San Francisco, CA, for Defendant and Appellant. SIGGINS, J. Megan Kinter appeals following motions to withdraw her guilty plea and the refusal of her request for a certificate of probable cause. She also seeks to compel the issuance of a certificate of probable cause by writ of mandate. Because appellant's guilty plea was knowing and voluntary, her mot... The PEOPLE, Plaintiff and Respondent, v. Kareem Lamar BROWN, Defendant and Appellant. , Cal.App. 5 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Michael Bush and James M. Stuart, Judges. [FN] FN Judge Twisselman conducted the trial; Judges Bush and Stuart conducted the in-camera hearings. Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and Charles A. French, Deputy Attorneys General, for Plaintiff an... In re T.H., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. T.H., Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 APPEAL from an order of the Superior Court of Los Angeles County, Irma J. Brown, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth C. Byrne and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent. MANELLA, J. T.H. appeals from an order of wardship (Welf. & Inst... The PEOPLE, Plaintiff and Respondent, v. Darrin C. SAUNDERS, Defendant and Appellant. , Cal.App. 1 Dist., November 5, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Ozro William Childs, Santa Rosa, CA, First District Appellate Project, San Francisco, CA, for Defendant and Appellant. KLINE, P.J. Darrin C. Saunders appeals from convictions of manufacturing methamphetamine and misdemeanor child endangerment. He contends the latter conviction must be reversed because there was insufficient evidence he had "care and custody" of the child as required for the offense. Altern... The PEOPLE, Plaintiff and Respondent, v. John Lewis JANELLI, Defendant and Appellant. , Cal.App. 3 Dist., November 5, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Linda Zachritz, Attorney at Law, Fresno, CA, for Defendant and Appellant. BLEASE, Acting P.J. Defendant's probation was revoked when he "left" a two year treatment program approximately two months after entering the program. Defendant argues the evidence that he "left" the program was insufficient to show a willful violation of probation. We disagree and shall affirm the order revoking defendant's proba... Margaret A. SELTZER, Cross-complainant and Appellant, v. William GWIRE, Cross-defendant and Respondent. , Cal.App. 1 Dist., November 5, 2009 Margaret A. Seltzer, Seltzer Law Group, San Francisco, CA, pro se. William Martin Gwire, Gwire Law Offices, San Francisco, CA, pro se. MARGULIES, J. Appellant Margaret Seltzer filed a notice of attorney's lien in a pending lawsuit after withdrawing as the plaintiff's counsel. When that lawsuit settled, the defendant filed this interpleader action, depositing a portion of the settlement fund in an amount judged sufficient to satisfy Seltzer's lien and joining Seltzer and her former clie... HARTFORD CASUALTY INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Mission Fiber Group, Inc. et al., Real Parties In Interest. , Cal.App. 2 Dist., November 5, 2009 ORIGINAL PROCEEDING. Petition for writ of mandate. Judith A. Vander Lans, Judge. Granted in part. Smith Ellison, Phillip E. Smith and Suzanne Burke Spencer for Petitioner. No appearance for Respondent. No appearance for Real Parties in Interest. OPINION AND ORDER FOR PEREMPTORY WRIT OF MANDATE ASHMANN-GERST, J. Real party Mission Fiber Group, Inc. (Mission) filed a breach of contract/bad faith action against its commercial insurance carrier, Hartford Casualty Insurance Company (Har... The PEOPLE, Plaintiff and Respondent, v. Alshonda Jatrice JORDAN, Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Hector M. Guzman, Judge. Affirmed. David D. Martin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. SUZUKAWA, J. Alshonda Jatrice Jordan appeals from the judgment entered following a jury trial in which she was convicted in count 1 of second degree commercial burglary (Pen.Code, § 459) and in count 2 of grand theft of personal property (Pen.Code, § ... In re J.H., et al., Persons Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. M.B., Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 APPEAL from orders of the Superior Court of Los Angeles County. D. Zeke Zeidler, Judge. Reversed in part with directions and affirmed in part. Mitchell Keiter, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, Robert E. Kalunian, Acting County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Deputy County Counsel for Plaintiff and Respondent. ROTHSCHILD, Acting P. J. M.B. (Mother) appeals from orders of the j... The PEOPLE, Plaintiff and Respondent, v. Eric Joseph DRAKE, Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, John T. Doyle, Judge. Affirmed. Charles B. Holzhauer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. WILLHITE, J. Eric Joseph Drake appeals from the judgment entered following his no contest plea to two counts of second degree robbery, counts 1 and 2 (Pen.Code, § 211) and his admission that during the commission of the robberies, he personally used ... Robert Scott PODRAZA, Plaintiff and Appellant, v. George VALVERDE, as Director, etc., Defendant and Respondent. , Cal.App. 4 Dist., November 5, 2009 Appeal from a judgment of the Superior Court of Orange County, Richard Habek, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Law Office of Chad R. Maddox and Chad R. Maddox for Plaintiff and Appellant. Edmund G. Brown, Jr., Attorney General, Alicia M.B. Fowler, Assistant Attorney General, Elizabeth Hong and Jasmine K. Bath for Defendant and Respondent. OPINION RYLAARSDAM, Acting P.J. Plaintiff Robert Scott Podraza appeals the trial court's judgment denying hi... The PEOPLE, Plaintiff and Respondent, v. Juan Carlos FELIX, Defendant and Appellant. , Cal.App. 4 Dist., November 5, 2009 APPEAL from the Superior Court of Riverside County. Thomas N. Douglass, Jr., Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Peter Quon, Jr., and Marcella O. McLaughlin, Deputy Att... The PEOPLE, Plaintiff and Respondent, v. Jose Geraldo CASAS, Defendant and Appellant. , Cal.App. 4 Dist., November 5, 2009 APPEAL from the Superior Court of San Bernardino County. Annemarie G. Pace, Judge. Affirmed. Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr. and Angela M. Borzachillo, Deputy Attorneys General, for Plaintiff and Respondent. OPINION McKINSTER, J. In San Bernardino County Superior Court case No. FVI021015, defendant and appellant Jose Geraldo Cas... The PEOPLE, Plaintiff and Respondent, v. Miles Edgar STARK, Defendant and Appellant. , Cal.App. 3 Dist., November 5, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Michael L. Chastaine, The Chastaine Law Office, Folsom, CA, for Defendant and Appellant. SCOTLAND, P.J. This appeal challenges the imposition of mandatory lifetime registration as a sex offender. In separate incidents while working as a driving instructor, 22-year-old defendant Miles Edgar Stark initiated explicit sexual conversations which made a student feel uncomfortable. On two such occasions, th... Ruben LOPEZ, a Minor, etc., et al., Plaintiffs and Respondents, v. DAIMLER CHRYSLER CORPORATION, et al., Defendants; Department of Health Care Services, Third Party Claimant and Appellant. , Cal.App. 3 Dist., November 5, 2009 RAYE, J. At age seven, plaintiff Ruben Lopez suffered permanent brain damage in a rear-end freeway accident. Lopez filed suit against several car manufacturers that produced the car Lopez rode in at the time of the accident. Lopez settled his suit for $2 million. Between the accident and the subsequent settlement, defendant California Department of Health Care Services (Department) paid for Lopez's medical expenses in the amount of $547,680.08. Pursuant to Welfare and Institutions Code sec... The PEOPLE, Plaintiff and Respondent, v. Marlon Antoine BROWN, Defendant and Appellant. , Cal.App. 5 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge. Donn Ginoza, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, and Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Vartabedian, A.P.J., Kane, J., and Poochigian, J. Pursuant to a plea agreement, appellant... The CADLE COMPANY II, INC., Plaintiff and Appellant, v. Stephanie F. BORG et al., Defendants and Respondents. , Cal.App. 2 Dist., November 5, 2009 Henry J. Walsh, Judge, Superior Court County of Ventura. Brewer & Brewer and Templeton Briggs for Plaintiff and Appellant. The Law Offices of Ronald P. Slates, Ronald P. Slates, Haven Law and Peter T. Haven for Defendants and Respondents. GILBERT, P.J. This action arises from an attempt to enforce a judgment on the debtor's alleged community property interest in real property. The debtor's wife holds title to the property as her sole and separate property. The trial court found the... George AZER, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents. , Cal.App. 2 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Ralph W. Dau, Judge. Reversed with directions. Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, Joshua Merliss; Law Office of Barry M. Wolf and Barry M. Wolf for Plaintiff and Appellant. Kessel & Associates, Elizabeth M. Kessel and Gabriella E. Smillie for Defendants and Respondents. ROTHSCHILD, J. Defendants, the County of Los Angeles (County) and two of its supervisory employees, moved for summary judgment o... The PEOPLE, Plaintiff and Respondent, v. Jamar Romon HEARNS, Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Kelvin D. Filer, Judge. Affirmed. Jamar R. Hearns, in pro. per., and Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ROTHSCHILD, J. Jamar Romon Hearns contends he received an illegal sentence because the court sentenced him as a second "strike" offender based on a prior misdemeanor conviction. Hearns contends his prior conviction was n... COUNTY OF LOS ANGELES, Plaintiff and Respondent, v. SAFETY NATIONAL CASUALTY CORPORATION, Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Richard S. Kemalyan, Judge. Affirmed. Nunez & Bernstein, E. Alan Nunez for Defendant and Appellant. Office of the County Counsel, Paul H.S. Kim, Deputy County Counsel, for Plaintiff and Respondent. ROTHSCHILD, J. Safety National Casualty Corporation (Safety National) appeals from a judgment forfeiting the bail it posted to secure the release from custody of a criminal defendant. Safety National contends its bond was... The PEOPLE, Plaintiff and Respondent, v. Joseph Michael ARANDA, et al., Defendants and Appellants. , Cal.App. 2 Dist., November 5, 2009 APPEAL from judgments of the Superior Court of Los Angeles County. Dewey Lawes Falcone, Judge. Modified and affirmed as to Joseph Michael Aranda; and affirmed as to Fernando Rogelio Aranda. Judith Kahn, under appointment by the Court of Appeal, for Defendant and Appellant Joseph Michael Aranda. Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant Fernando Rogelio Aranda. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney G... Terri ACKERMAN, Plaintiff and Appellant, v. POWAY UNIFIED SCHOOL DISTRICT, Defendant and Respondent. , Cal.App. 4 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Luis R. Vargas, Judge. Affirmed. James E. Swingley, Swingley & Associates, San Diego, CA, for Plaintiff and Appellant. Ryan L. Church, Stutz Artiano Shinoff & Holtz, San Diego, CA, for Defendant and Respondent. HUFFMAN, Acting P.J. This appeal from a judgment of dismissal of a personal injury action involves the application of the equitable tolling doctrine in the context of governmental tort claims against a public e... The PEOPLE, Plaintiff and Respondent, v. Candice B. KOWALCZYK, Defendant and Appellant. , Cal.App. 4 Dist., November 5, 2009 APPEAL from a judgment of the Superior Court of San Diego County, Michael T. Smyth, Judge. Affirmed. Office of the Attorney General, San Diego, CA, for Plaintiff and Respondent. Beatrice C. Tillman, Appellate Defenders, Inc., San Diego, CA, for Defendant and Appellant. McDONALD, J. Candice B. Kowalczyk entered a negotiated guilty plea to corporal injury to a cohabitant (Pen.Code, § 273.5, subd. (a)) and admitted she had a prior serious/violent felony or strike conviction (Pen.Code,... The PEOPLE, Plaintiff and Respondent, v. Teddy Lee CRAWFORD, Defendant and Appellant. , Cal.App. 3 Dist., November 5, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Audrey R. Chavez, Attorney at Law, San Francisco, CA, for Defendant and Appellant. NICHOLSON, J. Defendant Teddy Lee Crawford stole more than $3,000 from Molly Lumpkins. When Molly and her friends went to defendant's apartment to seek the return of the money, defendant assaulted them with a firearm. Convicted of grand theft, assault with a firearm, and possession of a firearm by a felon, and sentenced t... The PEOPLE, Plaintiff and Respondent, v. James BATES, Defendant and Appellant. , Cal.App. 3 Dist., November 5, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Marilyn G. Burkhardt, Attorney at Law, West Los Angeles, CA, for Defendant and Appellant. SCOTLAND, P.J. Defendant James Bates was convicted of two counts of forcible oral copulation, two counts of forcible rape, and one count of sexual battery by restraint. He was sentenced to an aggregate term of 100 years to life in state prison. On appeal, defendant claims there is insufficient evidence of "terri... The PEOPLE, Plaintiff and Respondent, v. Jermain GILES, Defendant and Appellant. , Cal.App. 3 Dist., November 5, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Jean Marinovich, Attorney at Law, Aptos, CA, for Defendant and Appellant. BUTZ, J. On November 14, 2006, Calvin Luckett and James Robinson, armed with guns, approached the victims to rob them of their property. Luckett pointed his weapon at Saxton Rogers and took his watch, money, and a small amount of marijuana. Meanwhile, Robinson pistol-whipped Joseph Castillo and escorted him into his home where Cas... The PEOPLE, Plaintiff and Respondent, v. Bart Alan LYONS, Defendant and Appellant. , Cal.App. 2 Dist., November 5, 2009 Bruce A. Clark, Judge, Superior Court County of Ventura. California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, E. Carlos Dominguez, Deputy Attorney General, for Plaint... Cliff GARDNER et al., Plaintiffs and Respondents, v. Arnold SCHWARZENEGGER et al., Defendants and Appellants. , Cal.App. 1 Dist., November 5, 2009 Altshuler Berzon, Jonathan Weissglass and Stacey M. Leyton for Plaintiffs and Respondents. Drug Policy Alliance, Daniel N. Abrahamson, Theshia Naidoo and Tamar Todd for Plaintiffs and Respondents. Edmund G. Brown Jr., Attorney General, Jonnathan K. Renner, Senior Assistant Attorney General, Douglas J. Woods and Kathleen A. Lynch, Deputy Attorneys General for Defendants and Appellants. Francisco J. Silva and Long X. Do for California Medical Association and California Psychiatric Associa... Nancy A. SCHMIDLI et al., Plaintiffs and Respondents, v. Rodney K. PEARCE et al., Defendants and Appellants. , Cal.App. 3 Dist., November 5, 2009 ORDER MODIFYING OPINION THE COURT. It is ordered that the opinion filed herein on October 13, 2009, be modified as follows: The first sentence of the second full paragraph on page 18 shall be deleted. The following sentence shall be inserted in its place: By codifying Ung, the Legislature clarified that a notice of default was not part of the record for purposes of determining the applicable statute of limitations under section 882.020. This modification does not change the judgm... The PEOPLE, Plaintiff and Respondent, v. Lorenzo STEVENS, Defendant and Appellant. , Cal., November 5, 2009 Holdings: The Supreme Court, Corrigan, J., held that: (1) deployment of deputy next to defendant during his testimony did not require justification by showing of manifest need; (2) defendant suffered no prejudice to his right to a fair trial from deputy's presence; (3) defendant waived any claim of error from victim's accompaniment by a support person while testifying; and (4) trial court properly exercised its own discretion in deploying deputy. Affirmed. Opinion, 67 Cal.Rptr.... The PEOPLE, Plaintiff and Respondent, v. Dana Douglas WHITE, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Elden S. Fox, Judge. Affirmed in part, reversed in part, vacated in part, and remanded with directions. Doris M. Frizzell, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Jonathan J. Kline, Deputy Attorneys General, for Plaintiff and Respondent. KITCHING, J. Dana Douglas White appeal... PERLAN THERAPEUTICS, INC., Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Nexbio, Inc., et al., Real Parties in Interest. , Cal.App. 4 Dist., November 4, 2009 Holdings: The Court of Appeal, Ikola, J., held that: (1) employer's identification of trade secrets was insufficient, and (2) trial court did not improperly base its rejection of trade secret statement on employer's failure to prove its trade secrets were not generally known. Petition denied. Original proceedings; petition for a writ of mandate/prohibition to challenge an order of the Superior Court of San Diego County, Joan Marie Lewis, Judge. Petition denied. Kirby Noonan Lance ... In re E.G. et al., Persons Coming Under the Juvenile Court Law. Orange County Social Services Agency, Plaintiff and Respondent, v. A.H., et al., Defendants and Appellants. In re X.J., On Habeas Corpus. , Cal.App. 4 Dist., November 4, 2009 Appeals from an order of the Superior Court of Orange County, Caryl Lee, Judge. Petition for a writ of habeas corpus. Order affirmed. Petition denied. Teri A. Kanefield, under appointment by the Court of Appeal, for Defendant and Appellant A.H. Liana Serobian, under appointment by the Court of Appeal, for Defendant and Appellant X.J. Merrill Lee Toole, under appointment by the Court of Appeal, for Defendants and Appellants Gu. and Gr. M. Nicholas S. Chrisos, County Counsel, Karen L. ... In re B.S., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. B.S., Defendant and Appellant. , Cal.App. 6 Dist., November 4, 2009 DUFFY, J. The juvenile court adjudged B.S. to be a ward of the court under the juvenile delinquency law. It sustained a petition alleging conduct that if committed by an adult would have amounted to aggravated assault. The minor appeals from the adjudication order, claiming that there was insufficient evidence to sustain the adjudication. We agree. PROCEDURAL AND FACTUAL BACKGROUND I. Results of Juvenile Court Adjudication A petition filed on May 14, 2008, under Welfare and Institutions ... The PEOPLE, Plaintiff and Respondent, v. Xavier Anthony BAKER, Defendant and Appellant. , Cal.App. 1 Dist., November 4, 2009 Ronald E. Niver, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, Richard Justin Petersen, Petersen & Petersen, Ukiah, CA, for Defendant and Appellant. JONES, P.J. After the trial court denied his motion to suppress, appellant Xavier Anthony Baker pleaded no contest to possessing more than $100,000 in drug money. (Health & Saf.Code, § 11370.6, subd. (a).) [FN1] On appeal, appellant contends the court ... In re A.D. et al., Persons Coming Under the Juvenile Court Law. San Diego County Health and Human Services Agency, Plaintiff and Respondent, v. Michael D., et al., Defendants and Appellants. , Cal.App. 4 Dist., November 4, 2009 APPEAL from orders of the Superior Court of San Diego County, Yvonne E. Campos, Judge. Reversed with directions. McCONNELL, P.J. Michael D. and Cynthia R. (together, the parents) appeal juvenile court orders terminating parental rights to their minor children A. D., Joseph D., E.D. and Henry D. (collectively, the minors) under Welfare and Institutions Code section 366.26. [FN1] The parents contend: (1) substantial evidence does not support the court's finding of "serious damage" under the... The PEOPLE, Plaintiff and Respondent, v. George Ralph ROBINSON, Defendant and Appellant. , Cal.App. 4 Dist., November 4, 2009 APPEAL from the Superior Court of Riverside County. James T. Warren, Judge. Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION MCKINSTER, J. I BACKGROUND On October 14, 2007, about 1:36 a.m., police responded to a call of gunshots being fired at the 1000 block of East George Street in Banning. When officers arrived, they spoke to several residents of the neighborhood. The resid... In re E.G. et al., Persons Coming Under the Juvenile Court Law. Orange County Social Services Agency, Plaintiff and Respondent, v. A.H., et al., Defendants and Appellants. In re X.J., On Habeas Corpus. , Cal.App. 4 Dist., November 4, 2009 ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT RYLAARSDAM, Acting P.J. It is ordered that the opinion filed on October 28, 2009 be modified in the following particular only: On page 16, following the last sentence of the disposition, insert the sentence: "The stay of the permanent plan selection hearing shall be vacated upon finality of this opinion." This modification does not change the judgment. In re A.M., a Person Coming Under the Juvenile Court Law. Los Angeles County Department of Children and Family Services, Plaintiff and Respondent, v. L.I., Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from an order of the Superior Court of Los Angeles County. Donna Levin, Juvenile Court Referee. Affirmed. Daniel G. Rooney, under appointment by the Court of Appeal, for Defendant and Appellant. Raymond G. Fortner, Jr., County Counsel, James M. Owens, Assistant County Counsel, and Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent. ASHMANGERST, J. After conducting a hearing pursuant to Welfare and Institutions Code section 366.26, [FN1] the juvenile court t... The PEOPLE, Plaintiff and Respondent, v. Keith Clayton KRALL, Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Tulare County. Melinda Myrle Reed , Judge. James Bisnow, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent. OPINION DAWSON, Acting P.J. Keith Clayton Krall appeals from an order of the superior court granting a petition to extend his... The PEOPLE, Plaintiff and Respondent, v. Eddie Ray HAYWOOD, Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Kern County. Clarence Westra, Jr., Judge. Elisa A. Brandes, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and J. Robert Jibson, Deputy Attorneys General, for Plaintiff and Respondent. OPINION CORNELL, J. A jury convicted appellant Eddie Ray Haywood of possession of cocaine base for sale, a violation of Health a... Rydan SHON, Plaintiff and Appellant, v. 21ST CENTURY INSURANCE COMPANY, Defendant and Respondent. , Cal.App. 2 Dist., November 4, 2009 Denise de Bellefeuille, Judge, Superior Court County of Santa Barbara. Rydan Todd Shon, in pro. per., for Plaintiff and Appellant. Bollington, Stilz, Curry & Bernard, Christopher K. Opfell for Defendant and Respondent. GILBERT, P.J. Plaintiff Rydan Shon appeals a judgment dismissing his tort/personal injury action against defendant 21st Century Insurance Company (21st Century) following the sustaining of a demurrer to his complaint without leave to amend. We conclude, among other th... The PEOPLE, Plaintiff and Respondent, v. Alonzo Deon KING, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Jose I. Sandoval, Judge. Affirmed as modified. Marcia C. Levine, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Robert S. Henry, Deputy Attorneys General, for Plaintiff and Respondent. EPSTEIN, P.J. Appellant Alonzo Deon King appeals ... John C. GORMAN et al., Plaintiffs and Appellants, v. TASSAJARA DEVELOPMENT CORPORATION et al., Defendants and Respondents. , Cal.App. 6 Dist., November 4, 2009 John C. Gorman, Charles Joseph Stiegler, Gorman & Miller, PC, Daniel J. Smith, Bowman and Brooke LLP, San Jose, CA, for Plaintiffs and Appellants. Lincoln Victor Horton, Selman & Breitman, San Diego, CA, William Eric Blumhardt, Archer Norris, Walnut Creek, CA, for Defendants and Respondents. ORDER MODIFYING OPINION AND DENYING REHEARING THE COURT. It is ordered that the opinion filed herein on October 6, 2009, be modified as follows: 1. On page 56, line 15, after the first sentenc... Michelle DALRYMPLE, Plaintiff and Respondent, v. Mick RUBALCAVA et al., Defendants; Modesto City Schools, Intervener and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Stanislaus County. William A. Mayhew, Judge. Pursley Law Firm and E. Eugene Atherton for Intervener and Appellant. Moorad Clark & Stewart, Adam J. Stewart and Scott G. Lyon for Plaintiff and Respondent. OPINION CORNELL, J. Modesto City Schools (MCS) filed a complaint in intervention in a civil suit filed by Michelle Dalrymple. Dalrymple's suit sought to recover damages against those she believed were liable for severe injuries she sustai... Edythe KELLER et al, Plaintiffs and Appellants, v. TUESDAY MORNING, INC., Defendant and Respondent. , Cal.App. 2 Dist., November 4, 2009 Aurelio Munoz, Judge, Superior Court County of Los Angeles. Mower, Carreon & Desai, Aashish Y. Desai, for Plaintiffs and Appellants. Fulbright and Jaworski, Robert M. Dawson, Andrea M. Valdez for Defendant and Respondent. COFFEE, J. Appellants are managers (managers) employed by respondent, Tuesday Morning, Inc. (TM). The managers filed a class action against TM, alleging that TM failed to pay overtime wages. The trial court denied certification. The Supreme Court subsequently issue... The PEOPLE, Plaintiff and Respondent, v. Dean CICCARELLI, Defendant and Appellant. , Cal.App. 6 Dist., November 4, 2009 John R. Vance Jr., Office Of The Attorney General, San Francisco, CA, for Plaintiff and Respondent. Sixth District Appellate Program, Santa Clara, CA, Elisa Rene Nadeau, Mountain View, CA, for Defendant and Appellant. McADAMS, J. Defendant Dean Ciccarelli was convicted in a jury trial of one count of knowing possession of child pornography (Pen.Code, § 311.11, subd. (a)), [FN1] one count of oral copulation of a minor under the age of 16 (§ 288a, subd. (b)(2)), and one count of sodomy ... The PEOPLE, Plaintiff and Respondent, v. Herbert De Angelo BROWN, Defendant and Appellant. , Cal.App. 4 Dist., November 4, 2009 APPEAL from the Superior Court of Riverside County. Russell F. Schooling, Judge. (Retired judge of the Mun. Ct. for the Southeast Jud. Dist. of L.A., assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton, and Sharon L. Rhodes... The PEOPLE, Plaintiff and Respondent, v. Eric Moreno FUENTES, Defendant and Appellant. , Cal.App. 4 Dist., November 4, 2009 APPEAL from the Superior Court of San Bernardino County. Joan M. Borba, Judge. Affirmed. Sharon M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton, and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent. OPINION McKINSTER, J. Eric Moreno Fuentes (defendant) appeals his convictio... The PEOPLE, Plaintiff and Respondent, v. Sherman JOHNSON, Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. William I. Parks, Attorney at Law, Nevada City, CA, for Defendant and Appellant. BLEASE, Acting P.J. Defendant Sherman Johnson was convicted after pleading no contest to failing to register as a sex offender within five days of his birthday (Pen.Code, § 290.018, subd. (b)). He now appeals, claiming the trial court erred in including in the abstract of judgment a $242.29 booking fee and a $27.22 classifi... In re KA.V. et al., Persons Coming Under the Juvenile Court Law. San Joaquin County Human Services Agency, Plaintiff and Respondent, v. A.S., Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 SIMS, J. Appellant, father of Ka.V. and T.S. (collectively, the minors), and their sibling, A.S., [FN1] appeals following a hearing at which the juvenile court ordered the termination of parental rights. (Welf. & Inst.Code, §§ 366.26, 395; undesignated statutory references are to the Welfare and Institutions Code.) Representing himself, appellant claims: (1) he received ineffective assistance of counsel; (2) he was entitled to be present at hearings; and (3) the juvenile court erred in findin... In re C.A., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. C.A., Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Allan Junker, Attorney at Law, Portland, OR, for Defendant and Appellant. BLEASE, Acting P.J. Minor C.A., age 14, admitted that he came within the provisions of Welfare and Institutions Code section 602 in that he committed vandalism valued at $400 or more. (Pen.Code, § 594, subd. (b)(1).) The offense, an alternate felony/misdemeanor, was alleged to be a misdemeanor. Following a contested jurisdicti... In re D.Y., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. D.Y., Defendant and Appellant. , Cal.App. 1 Dist., November 4, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. First District Appellate Project, San Francisco, CA, Abigail R. Rezneck, c/o Ramsey & Ehrlich LLP, Berkeley, CA, for Defendant and Appellant. POLLAK, J. Sixteen-year-old D.Y., who had no prior record of delinquency, admitted two of seven alleged robberies committed with other youths. After a lengthy dispositional hearing at which D.Y. presented testimony concerning conditions at the Department of Juvenile ... Leonard WHITELEY et al., Plaintiffs and Respondents, v. R.J. REYNOLDS TOBACCO COMPANY et al., Defendants and Appellants. , Cal.App. 1 Dist., November 4, 2009 ORDER MODIFYING OPINION AND DENYING REHEARING THE COURT. It is ordered that the unpublished opinion filed herein on October 14, 2009, be modified as follows: 1. The first sentence of the paragraph commencing at the bottom of page 32 and ending at the top of page 33 is modified to read as follows, after deleting only the first four words, "It is undisputed that": Defendants and their agents made numerous misrepresentations of fact and false promises regarding the health effects of smoki... In re T.L., a Person Coming Under the Juvenile Court Law. Riverside County Department of Public Social Services, Plaintiff and Respondent, v. C.J. et al., Defendants and Appellants. , Cal.App. 4 Dist., November 4, 2009 APPEAL from the Superior Court of Riverside County. Gary Vincent, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Karen J. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant C.J. Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant R.L. Pamela J. Walls, County Counsel, and Sophia H. Choi, Deputy County Counsel, for Plaintiff and Respondent. Leslie A. Barry, under appointment by the Court of Appeal, for M... The PEOPLE, Plaintiff and Respondent, v. Arthur Milton COLSON, Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. John P. Dwyer, San Francisco, CA, for Defendant and Appellant. ROBIE, J. On June 4, 2008, a Shasta County jury found defendant Arthur Milton Colson guilty of possessing a stolen Toyota Celica, unlawfully driving or taking a Ford F-150, and unlawfully driving or taking a Chevrolet S-10. In a bifurcated proceeding, the trial court found that defendant had two strikes. After denying defendant's motion t... The PEOPLE, Plaintiff and Respondent, v. Keenan Lee WOODSSPARKS, Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. California Medical Facility, Vacaville, CA, James M. Crawford, Attorney at Law, Orange, CA, for Defendant and Appellant. ROBIE, J. A jury found defendant Keenan Lee Woodssparks guilty of felon in possession of a firearm, possession of cocaine powder for sale, transportation of cocaine powder, and found true a special allegation that defendant was armed during the commission of the latter offense. The tr... The PEOPLE, Plaintiff and Respondent, v. Larry Lynn GANNER, Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 Office of the State Attorney General, Raymond L. Brosterhous II, Sacramento, CA, for Plaintiff and Respondent. Michele A. Douglass, Attorney at Law, Long Beach, CA, for Defendant and Appellant. ROBIE, J. After defendant Larry Lynn Ganner made the tires of his vehicle "break traction" with the road while accelerating at a green light, a nearby police officer made a traffic stop. A subsequent search revealed defendant was in possession of narcotics and a stolen loaded handgun. The trial ... The PEOPLE, Plaintiff and Respondent, v. Anthony Andrew GALLAND, Defendant and Appellant. , Cal.App. 4 Dist., November 4, 2009 Appeal from a judgment of the Superior Court of Orange County, Robert R. Fitzgerald, Judge. (Retired judge of the Orange Sup.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Jackie Menaster, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez, ... The PEOPLE, Plaintiff and Respondent, v. Joseph George SENCION, Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. Patricia A. Andreoni, Attorney at Law, Sylmar, CA, for Defendant and Appellant. ROBIE, J. This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant Joseph George Sencion and his codefendants, who are not parties to this appeal, waived their right to a preliminary examination. An information alleged drug, firearm and gang charges, all committed on or about July 30, 2008. Defenda... The PEOPLE, Plaintiff and Respondent, v. Eugene Jacobb McBRIDE, Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 Office of the State Attorney General, Sacramento, CA, for Plaintiff and Respondent. ROBIE, J. A jury found defendant Eugene Jacobb McBride guilty of carjacking, unlawful taking or driving of a vehicle, and petty theft with priors. The court found true he had two prior strikes, two prior serious felony convictions, and two prior prison terms. It sentenced him to 35 years to life in state prison. On appeal, defendant contends the court erred by: (1) admitting statements he made to police... The PEOPLE, Plaintiff and Respondent, v. Edward Peter FERREIRA, Jr., Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 ROBIE, J. In case No. CM028707, (the principal case) defendant Edward Peter Ferreira, Jr., was convicted by court trial on July 21, 2008, of attempted criminal threat. The trial court also found true that defendant committed the offense for the benefit of or in association with a criminal street gang and that he had a prior conviction which counted as a strike. When the principal case was tried, defendant had already been sentenced in two prior cases pursuant to plea agreements, resulting ... The PEOPLE, Plaintiff and Respondent, v. Jaime John AVILA, Jr., Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Marilyn G. Burkhardt, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Brian Alvarez and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. OPINION ARDAIZ, P.J. A jury found appellant Avila guilty of the second degree murder of Wilton Wilson (Pen.Code, § 187, subd. ... In re F.R., a Person Coming Under The Juvenile Court Law. The People, Plaintiff and Respondent, v. F.R., Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Tulare County. Hugo J. Loza, Temporary Judge (Pursuant to Cal. Const., art. VI, § 21). Karen L. Anslinger, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, David A. Rhodes, and Michael Dolida, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Levy, A.P.J., Dawson, J., and Kane, J. INT... The PEOPLE, Plaintiff and Respondent, v. Raymond Leroy BECKER, Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Dawson, Acting P.J., Kane, J. and Poochigian, J. In January 2008, in the instant case, appella... In re F.C., JR., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. F.C., Jr., Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from orders of the Superior Court of Kern County. Jon E. Stuebbe, Judge. Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Robert C. Nash, Deputy Attorneys General, for Plaintiff and Respondent. OPINION THE COURT. [FN*] FN* Before Gomes, Acting P.J., Dawson, J. and Hill, J. INTRODUCTION On August 20, 2008, a petition was filed... The PEOPLE, Plaintiff and Respondent, v. Gerardo GONZALEZ, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 Philip H. Hickok and Beverly Reid O'Connell, Judges, Superior Court County of Los Angeles. Joanna McKim, Attorney, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, Marc A. Kohm, Deputy Attorney General, for Plaintiff and Respondent. COFFEE, J. Gerardo Gonzalez app... The PEOPLE, Plaintiff and Respondent, v. Jeanette Renee QUINTANA, Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Fresno County. Gary D. Hoff, Judge. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. OPINION ARDAIZ, P.J. INTRODUCTION Jeanette Renee Quintana appeals from a sentence of 28 years to life for first degree rob... The PEOPLE, Plaintiff and Respondent, v. Fernando P. CEJA, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 Douglas W. Daily, Judge, Superior Court County of Ventura. Christina J. Alvarez, Attorney, under appointment by the Court of Appeal for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, James William Bilderback II, Supervising Deputy Attorney General, Roberta L. Davis, Deputy Attorney General, for Plaintiff and Respondent. COFFEE, J. Fernando P. Ceja appeals from ... Lloyd GREIF, as Cotrustee, etc., et al., Plaintiffs, Cross-defendants and Respondents, v. Luca COLOMBO, Defendant, Cross-complainant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Rita Miller, Judge. Affirmed. Murtaugh Meyer Nelson & Treglia and John R. Armstrong for Defendant, Cross- complainant and Appellant. Sullivan, Workman & Dee, Charles D. Cummings and D. Daniel Pranata for Plaintiffs, Cross-defendants and Respondents. MANELLA, J. Appellant Luca Colombo challenges a judgment requiring him to remove a deck, partially located on his property and partially located on property owned by one... The PEOPLE, Plaintiff and Respondent, v. HUA VANG, Defendant and Appellant. , Cal.App. 5 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Fresno County. M. Bruce Smith, Judge. Scott Concklin, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Lewis M. Vasquez, Supervising Deputy Attorney General, Lloyd G. Carter and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. OPINION ARDAIZ, P.J. Appellant Hua Vang stands convicted, following a j... The PEOPLE, Plaintiff and Respondent, v. Keoki Jarbar WILLIAMS, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Frederick N. Wapner, Judge. Affirmed. Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent. ASHMANN-GERST, J. Keoki Jarbar Williams, also known as Lil Be... The PEOPLE, Plaintiff and Respondent, v. Juan Jose BADAJOZ, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Dewey Lawes Falcone, Judge. Affirmed in part, vacated in part, and remanded with directions. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Mary Sanchez and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent. KITCHING, J. Appellant Juan Jose Badajoz appeals from the jud... The PEOPLE, Plaintiff and Respondent, v. Derrick Dontay PORTER, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Dewey Lawes Falcone, Judge. Affirmed. Mark Yanis, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and E. Carlos Dominguez, Deputy Attorneys General, for Plaintiff and Respondent. WILLHITE, J. By information, defendant Derrick Dontay Porter was charged with assault with a deadly weapon "to w... In re L.H. et al., Persons Coming Under the Juvenile Court Law. Sacramento County Department of Health and Human Services, Plaintiff and Respondent, v. N.H., Defendant and Appellant. , Cal.App. 3 Dist., November 4, 2009 BUTZ, J. Father N.H. appeals the order terminating his parental rights to his two young daughters, claiming it is based on insufficient evidence of adoptability and claiming the department abused its discretion in denying his petition for modification. We shall affirm. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Father, a developmentally disabled Hmong man, has been a client of Alta Regional Center for about 10 years and has the mental capacity of approximately a 12 year old. He was married a... TRACFONE WIRELESS, INC., Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County, Mel Red Recana, Judge. Reversed. Silverstein & Pomerantz, Robert R. Gunning and Edwin P. Antolin for Plaintiff and Appellant. Sutherland Asbill & Brennan, Eric S. Tresh for Broadband Tax Institute as Amicus Curiae on behalf of Plaintiff and Appellant. Morrison & Foerster, Thomas H. Steele and Kirsten D. Wolff for California Taxpayers' Association as Amicus Curiae on behalf of Plaintiff and Appellant. KLA Piper, David... James S. MARINOS, et al., Plaintiffs and Appellants, v. CITY OF ROCKLIN, et al., Defendants and Respondents. , Cal.App. 3 Dist., November 4, 2009 Mark H. Harris, Law Offices of Mark H. Harris, Sacramento, CA, James Samuel Marinos, San Diego, CA, for Plaintiffs and Appellants. Kevin Thomas Collins, Best Best & Krieger LLP, Sacramento, CA, William A. Munoz, Murphy Pearson Bradley & Feeney, Sacramento, CA, for Defendants and Respondents. ROBIE, J. Plaintiffs James S. Marinos, Joyce M. Deneris, and Athena May (collectively, plaintiffs) are the lessees of a parcel of real property in Rocklin that is used for a hotel. By this action,... In re C.S., JR., a Person Coming Under the Juvenile Court Law. Santa Barbara County Child Protective Services, Petitioner and Respondent, v. C.L., Respondent and Appellant. , Cal.App. 2 Dist., November 4, 2009 James E. Herman, Judge, Superior Court County of Santa Barbara. Maureen L. Keany, under appointment by the Court of Appeal, for Appellant. Dennis A. Marshall, County Counsel, County of Santa Barbara and aria Salido Novatt, Sr. Deputy, for Respondent. YEGAN, Acting P.J. C.L. (mother) appeals from an order denying her petition for modification of the juvenile court's prior order terminating family reunification services. (Welf. & Inst.Code, § 388.) [FN1] She also appeals from a judg... Ronald SIMANDLE et al., Plaintiffs, Cross-defendants and Appellants, v. VISTA DE SANTA BARBARA ASSOCIATES, LP, Defendant, Cross-complainant and Respondent. , Cal.App. 2 Dist., November 4, 2009 Denise de Bellefeuille, Judge, Superior Court County of Santa Barbara. Martin Cohen & Associates and Dennis Shea, for Appellants. Robert S. Coldren, Robert G. Williamson, Jr., Daniel T. Rudderow; Hart, King & Coldren, a Professional Corporation, for Respondent. YEGAN, J. Ronald Simandle and Warren Simandale appeal from a judgment entered after the trial court found that appellants abandoned a statutory right under the Mobilehome Residency Law (Civ.Code, §§ 798; 798.78, subd. (a)) to... The PEOPLE, Plaintiff and Respondent, v. Pedro GONZALEZ, Defendant and Appellant. , Cal.App. 2 Dist., November 4, 2009 APPEAL from a judgment of the Superior Court of Los Angeles County. Laura C. Ellison, Judge. Affirmed in part, reversed in part, and remanded. Mark Yanis, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael R. Johnsen and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent. ASHMANN-GERST, J. A jury ... In re Bruce A. CERNY, on Habeas Corpus. , Cal.App. 1 Dist., November 4, 2009 Marin County Superior Court. Benjamin Ramos, for Plaintiff and Respondent. Attorney General of California, Edmund G. Brown Jr., Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Denise A. Yates, for Defendant and Respondent. SIGGINS, J. Petitioner Bruce Cerny committed a second degree murder in 1980 that was enhanced due to his use of a firearm. He was sentenced to 17 years to life in prison and has been in prison ever since. At the time of th... Brian BUCHANAN, Plaintiff and Appellant, v. CAPITOL RACING, LLC et al., Defendants and Respondents. , Cal.App. 3 Dist., November 3, 2009 Douglas M. Campbell, Smith, Chapman & Campbell, Santa Ana, CA, for Plaintiff and Appellant. R. Mac Prout, Prout Levangie, Sacramento, CA, for Defendant and Respondent. CANTIL-SAKAUYE, J. Plaintiff Brian Buchanan was thrown off his jog cart when the harness horse he was exercising spooked and bolted. Buchanan brought a personal injury negligence action against Capitol Racing, LLC, the business operating harness racing at the California Exposition and State Fair grounds (Cal Expo), and N... The PEOPLE, Plaintiff and Respondent, v. Ismael Angel REYES, Defendant and Appellant. , Cal.App. 6 Dist., November 3, 2009 Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent. Paul Couenhoven, Sixth District Appellate Program, Santa Clara, CA, for Defendant and Appellant. DUFFY, J. Ismael Angel Reyes, the defendant herein, pleaded no contest to the attempted second degree robbery of Jesus Trejo. (Pen.Code, §§ 211, 212.5, subd. (c), 664.) The trial court accepted the plea and entered judgment against defendant. The court sentenced defendant to three years' formal probation, inclu... Susan FEDERIGHI et al., Plaintiffs and Respondents, v. Kevin R. McLEAN, Defendant and Appellant. , Cal.App. 1 Dist., November 3, 2009 Kenneth A. Coren, Mill Valley, CA, John Timothy Nardell, Law Offices of J. Timothy Nardell, San Rafael, CA, Adrian Madle