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November 19, 2008
Plaintiffs Gail Leong, Jaclyn Ong, and Jenna Ong (Leong) appeal the order of the trial court granting summary judgment in favor of defendant the Regents of the University of California (the Regents). The Regents appeals from the order denying its motion for attorney fees. We affirm both orders... FACTUAL BACKGROUND AND PROCEDURAL HISTORY... On December 23, 2003, Leong filed an action for survival/wrongful death and loss of consortium against the Regents, alleging it was liable for the death of...
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November 19, 2008
Defendant pleaded no contest to one count of knowingly renting a structure to a person for the purpose of manufacturing or distributing drugs (Health & Saf. Code, § 11366.5, subd. (a)) and possession of an assault rifle (Pen. Code, § 12280, subd. (b)).1 Prior to this plea, he had moved to suppress evidence pursuant to section 1538.5; he now appeals the denial of that motion. Defendant makes various challenges to the validity of the search warrant and the search conducted pursuant to...
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November 19, 2008
Aaron Clark Gaffney appeals following his guilty plea to one count of rape by a foreign object. Counsel has briefed no issues and asks for our review of the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Gaffney has not filed a supplemental brief. We have reviewed the record and affirm... According to the Marin County Probation Department's presentencing report, Gaffney reported to police that he molested his 15-year-old developmentally disabled goddaughter while she was a...
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November 19, 2008
INTRODUCTION... Plaintiffs Mary Dousette and Michael Marsh appeal from an order granting a motion for a new trial on behalf of defendants James D. Minidis and Lynn Minidis, as well as an order declaring plaintiffs' motion to amend the judgment moot. Defendants James D. Minidis, Lynn Minidis, Café Concepts, Inc. and California Tortilla Fresh, Inc. have filed a protective cross-appeal from the judgment in favor of plaintiffs. We affirm the order granting a new trial and declaring the motion...
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November 19, 2008
A woman's house was encumbered by liens which exceeded the house's value. An attorney entered into a transaction with the woman whereby: (1) she would become his client; (2) the client would give the attorney title to the house; (3) the attorney would pay the client $125,000 in the form of a down payment on a condominium in which she would live; (4) the attorney would use his legal skills to reduce the liens on the property, and pay the client an additional sum based on his success in removing...
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November 19, 2008
SUMMARY... Wallace Conners was convicted of receiving stolen property and money laundering. He contends reversal is required because the trial court erred in allowing him to represent himself at trial without first advising him of the penal consequences of conviction; he was denied a fair sentencing hearing; and the trial court erred in failing to stay the sentence for receiving stolen property under Penal Code section 654. He further claims his convictions must be reversed because there was...
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November 19, 2008
Defendants and appellants, Vanessa Nicole Stamps and Demar L. Shows, appeal from the judgments entered following their convictions, by jury trial, for robbery (5 counts), assault on a peace officer with a semiautomatic weapon (Shows only), shooting at an occupied vehicle (Shows only) and evading an officer (Stamps only), with arming, firearm use and commission of an offense while on bail (Shows only) enhancements. (Pen. Code, §§ 211, 245, subd. (d)(2), 246, 12022, 12022.53, 12022.1;...
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November 19, 2008
Jose Iniguez appeals from the judgment entered following a hearing under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) that resulted from a conditional reversal ordered by this court in People v. Iniguez (July 21, 2006, B183543) [nonpub. opn.] (Iniguez I). A one-year enhancement under Penal Code section 12022, subdivision (b)(1) was also stricken, as further ordered in Iniguez I. Defendant contends that the trial court's Pitchess rulings on remand violated his constitutional rights...
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November 19, 2008
Defendant and appellant, Sammy Lozano, appeals from the judgment entered following his conviction, by jury trial, for premeditated attempted murder (2 counts), assault with a firearm (2 counts), shooting at an occupied motor vehicle, and possession of a firearm by a felon, with firearm enhancements (Pen. Code, §§ 664/187, 245, subd. (a)(2), 246, 12021, 12022.53, 12022.5).1 Lozano was sentenced to state prison for a term of life plus 40 years... The judgment is affirmed in part,...
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November 19, 2008
Fairmont Specialty Group (Fairmont) appeals an order denying its motion for relief from bond forfeiture and the ensuing summary judgment entered for respondent County of Los Angeles (County)... We find no error and affirm... FACTS... On March 11, 2006, Fairmont's agent posted a $20,000 bond for the release of Thienthu Lieu (Lieu) from custody. The bond indicated that Lieu stood charged with sale or transportation of marijuana in violation of Health and Safety Code section 11360, subdivision...
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November 19, 2008
Ji Hae An appeals from an order denying her motion to vacate a default judgment. She claims she was not given notice that the court would consider imposing terminating sanctions against her for failure to appear at a case management conference. Absent the requisite notice, she claims the court had no jurisdiction to strike her answer and enter her default. For this reason, she claims the judgment was void and subject to being set aside at any time pursuant to Code of Civil Procedure section...
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November 19, 2008
V. S., a minor, appeals from the order adjudicating him a ward of the juvenile court pursuant to Welfare and Institutions Code section 602. He claims there was insufficient evidence of force or fear to support the court's findings of forcible oral copulation and forcible sodomy. Appellant also claims the minute order stating the terms and conditions of probation must be modified to reflect the oral pronouncement, and that the term ordering him not to possess narcotics is overbroad to the extent...
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November 19, 2008
Defendant and appellant Philadelphia Indemnity Insurance Company (Philadelphia) and plaintiff and appellant Employers Mutual Casualty Company (Employers) insured Louis Simpson doing business as Villa Park Mobilehome Park (Simpson). Employers and Evanston Insurance Company (Evanston)1 defended Simpson in Brogan v. Simpson (Super. Ct. L.A. County, 2006, No. BC307069) (Brogan action) against the "failure to maintain" claims of 188 residents of Simpson's mobilehome park. Employers and...
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November 19, 2008
C.J. (Mother) appeals from a dispositional order placing her daughter, A.R. (Child), born in February 2007, with Child's presumed father (Father), instead of with the maternal grandparents and half sister. We affirm the judgment because Mother fails to show that the juvenile court erred in placing Child with Father under Welfare and Institutions Code section 361, subdivision (c)(1) or section 361.2, subdivision (a).1... BACKGROUND... After an incident of domestic violence between Mother and...
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November 19, 2008
Plaintiff and appellant Ashifa Kassam appeals from an order of dismissal following the sustaining of a demurrer without leave to amend her first amended complaint against defendants and respondents North Tern, LLC, Mary Thorndale, and Veronica St. Clair. We conclude that Kassam has provided this court with no legal basis for reversal, and therefore affirm... FACTUAL AND PROCEDURAL BACKGROUND... On November 20, 2006, Kassam signed a lease agreement, renting an apartment from defendants. She...
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November 19, 2008
T.A. (father) appeals an order terminating his parental rights with respect to P.A. and T.A., Jr. We reject father's claim the children were not shown to be adoptable but conditionally reverse the order terminating parental rights for the sole purpose of further inquiry under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and new notices, if needed... FACTS AND PROCEDURAL BACKGROUND... P.A. and T.A., Jr., were detained on November 9, 2005, following an incident of domestic...
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November 19, 2008
Rufino Rivero appeals from the judgment entered following his plea of guilty to assault with a deadly weapon, followed by a court trial in which he was found to have sustained a New Jersey prior conviction (attempted murder), which qualified as a serious felony under Penal Code section 667, subdivision (a)(1), and sections 667, subdivisions (b)-(i), and 1170.12 (the "Three Strikes" law).1 Defendant contends that the prosecution failed to prove that the New Jersey attempted murder was a...
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November 19, 2008
After pleading guilty pursuant to a plea bargain and admitting a strike prior conviction, Derek Foster was sentenced by the trial court. On appeal, Foster contends the trial court's use of his prior juvenile adjudication as a strike prior conviction violated his jury trial rights under Apprendi v. New Jersey (2000) 530 U.S. 466, 490 (Apprendi). We reject his argument and affirm the judgment... FACTUAL AND PROCEDURAL BACKGROUND... Foster was charged with various drug-related offenses occurring...
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November 19, 2008
Leonardo Guerrero entered negotiated guilty pleas to resisting an executive officer (Pen. Code,1 § 69) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). As part of the plea agreement, Guerrero also admitted he had a prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)) and had served a prior prison term within the meaning of section 667.5, subdivision (b). The plea bargain provided that the balance of the information be dismissed and...
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November 19, 2008
Elijah P. was born in June 2000. He has significant behavioral problems and as a result has been in many placements. On October 24, 2006, the juvenile court terminated parental rights. Elijah's mother, Amber P., appealed. On October 25 Elijah was transitioned into a prospective adoptive home. In June 2007 while Amber's appeal was pending, Elijah's prospective adoptive parents asked that he be removed. He was placed in a group home. In October 2007 this court issued its opinion in Amber's...
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