CA Court of Appeal stats 7/28-7/29/2014

A list of the unpublished decisions from all six appellate districts is included below.

Date Posted Docket #/

File Format

Description When filed Case Type Decision Appellant self represented Justice drafting opinion
07/29/14 G049662

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P. v. Williams CA4/3 filed 7/29/14 Case Details 09/12/12 cr The imposition of restitution and parole revocation restitution fines are

reversed with directions to reconsider the fines consistent with this opinion.

no Ikola
07/29/14 A139891

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In re Sally L. CA1/5 filed 7/29/14 Case Details 09/20/13 juvenile affirm A child who has been adjudged a dependent of the

juvenile court should not be deprived of an adoptive parent when the natural parent has

maintained a relationship that may be beneficial to some degree, but that does not meet

the child’s need for a parent

no Simons
07/29/14 A139778

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Alston v. Hoge CA1/1 filed 7/29/14 Case Details 09/17/13 civil affirm no Margulies
07/29/14 A139109

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P. v. Gallego CA1/1 filed 7/29/14 Case Details 09/17/13 cr affirm no Margulies
07/29/14 A138988

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In re E.A. CA1/1 filed 7/29/14 Case Details 06/18/13 juvenile delinquent The juvenile court is directed to amend the dispositional order to reflect a

maximum time of confinement of three years.

no Becton
07/29/14 H039889

[PDF] [DOC]

P. v. Badillo CA6 filed 7/29/14 Case Details 07/03/13 cr wende appeal affirm no Márquez,
07/29/14 G048920

[PDF] [DOC]

P. v. Coolidge CA4/3 filed 7/29/14 Case Details 09/03/13 cr affirm no O’Leary
07/29/14 G047425

[PDF] [DOC]

Passy v. Gabbard CA4/3 filed 7/29/14 Case Details 09/13/12 civil affirm no Ikola
07/29/14 B253938

[PDF] [DOC]

In re Harmony C. CA2/5 filed 7/29/14 Case Details 01/13/14 juvenile affirm no Kriegler
07/29/14 B250755

[PDF] [DOC]

P. v. Moreno CA2/5 filed 7/29/14 Case Details 08/08/13 cr affirm no Kriegler
07/29/14 B250726

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P. v. Jones CA2/5 filed 7/29/14 Case Details 06/30/13 cr The trial court is instructed to correct the abstract of judgment to properly reflect

an award of 542 days of credit, consisting of 362 days of custody credit and 180 days of

conduct credit, and to strike the entry requiring defendant to pay $110 in attorney fees.

no Kriegler
07/29/14 B250029

[PDF] [DOC]

P. v. Covarrubias CA2/2 filed 7/29/14 Case Details 06/27/13 cr The judgment is reversed and remanded for purposes of retrial of count 3, if the

prosecution so elects.

no Boren
07/29/14 B246203

[PDF] [DOC]

Cain v. Akano CA2/3 filed 7/29/14 Case Details 01/04/13 civil affirm no Croskey
07/29/14 A140783

[PDF] [DOC]

In re J.W. CA1/5 filed 7/29/14 Case Details 01/15/14 juvenile affirm no Jones
07/29/14 A138098

[PDF] [DOC]

Akinshin v. Bank of America CA1/2 filed 7/29/14 Case Details 03/08/13 civil The judgment is reversed, and the matter is remanded with directions to the trial

court to vacate its order sustaining the demurrer to the SAC and to enter a new order

overruling the demurrer

no Brick
07/29/14 A135936

[PDF] [DOC]

Gonzalez v. Envoy Mortgage CA1/3 filed 7/29/14 Case Details 07/06/12 civil affirm no McGuiness
07/29/14 F066731

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P. v. Medeiros CA5 filed 7/29/14 Case Details 02/20/13 cr affirm no Levy
07/29/14 E058483

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Marriage of Baysinger CA4/2 filed 7/29/14 Case Details 04/03/13 civil family law affirm no Richli
07/29/14 D065457

[PDF] [DOC]

In re B.R. CA4/1 filed 7/29/14 Case Details 02/04/14 juvenile affirm no McDonald
07/29/14 C074275

[PDF] [DOC]

P. v. Arnott CA3 filed 7/29/14 Case Details 07/16/13 cr The judgment is modified to award victim restitution to the entities named in the

above table in the amounts shown therein. As so modified, the judgment is affirmed.

no Blease
07/29/14 C072838

[PDF] [DOC]

In re R.M. CA3 filed 7/29/14 Case Details 12/27/12 juvenile delinquent The findings and dispositional orders of the juvenile court are reversed. The

case is remanded to the juvenile court for further proceedings to determine the minor’s

eligibility for, and ability to benefit from, deferred entry of judgment. The People

and the trial court are directed to comply with their respective duties as delineated in

Welfare and Institutions Code section 790 et seq. and California Rules of Court, 5

rule 5.800.

no Hoch
07/29/14 C072780

[PDF] [DOC]

P. v. Blaylock CA3 filed 7/29/14 Case Details 12/17/12 cr affirm no Blease
07/29/14 C061487

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P. v. Jones CA3 filed 7/29/14 Case Details 03/20/09 cr affirm no Hoch
07/29/14 B252577

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In re Robert J. CA2/2 filed 7/29/14 Case Details 10/28/13 juvenile affirm no Boren
07/29/14 B250045

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Nyawuto v. United Carrier CA2/2 filed 7/29/14 Case Details 07/11/13 civil affirm no reversible error demonstrated yes Boren
07/29/14 B246629

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P. v. Segovia CA2/2 filed 7/29/14 Case Details 01/30/13 cr affirm no Boren
07/29/14 A141602

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Wallace E. v. Super. Ct. CA1/3 filed 7/29/14 Case Details 04/15/14 juvenile writ proceeding denied no Pollak
07/29/14 F067360

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P. v. Johnston CA5 filed 7/29/14 Case Details 05/23/13 cr The 4-year sentence imposed on count 2 (possession of cocaine base for purposes

of sale) is stayed pending completion of service of the sentence on count 1 (transportation

of cocaine base), with the stay to become permanent upon completion of the sentence on

count 1. The trial court is directed to prepare an amended abstract of judgment reflecting 8

that the sentence for count 2 is stayed, not concurrent to count 1, and to forward a

certified copy to the Department of Corrections and Rehabilitation. As modified, the

judgment is affirmed.

no Poochigan
07/29/14 E056200

[PDF] [DOC]

Berk v. Aurora Loan Services CA4/2 filed 7/29/14 Case Details 04/30/12 civil affirm, brief did not cite authority or legal argument no Hollenhurst
07/29/14 D065701

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P. v. Thornton CA4/1 filed 7/29/14 Case Details 03/27/14 cr wende appeal affirm no Huffman
07/29/14 D065335

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P. v. Martinez CA4/1 filed 7/29/14 Case Details 01/27/14 cr affirm no Huffman
07/29/14 D064934

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P. v. Sanders CA4/1 filed 7/29/14 Case Details 11/12/13 cr wende appeal affirm no Haller
07/29/14 C067746

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Gill v. Gill CA3 filed 7/29/14 Case Details 03/14/11 civil affirm no Hull
07/29/14 B251839

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P. v. Deville CA2/1 filed 7/29/14 Case Details 10/10/13 cr The matter is remanded for the trial court (1) to correct the abstract of judgment to

reflect the three prior prison term enhancements under section 667.5, subdivision (b),

imposed on count 1 are stayed, (2) to correct the abstract of judgment to reflect that the

conviction for administering a controlled substance to a minor (count 2) is a violation of

Health and Safety Code section 11380 (not a violation of Health & Saf. Code, § 11353),

and (2) to recalculate Deville’s presentence custody credits to reflect the total number of

actual days Deville had spent in custody as of October 10, 2013, the date of his

6

On or about January 23, 2014, Deville filed in the trial court a motion for

correction of his presentence custody credits. At the time he submitted his briefing in this

appeal, he represented the trial court had not made the correction.

no Chaney
07/29/14 B251595

[PDF] [DOC]

In re Z.T. CA2/1 filed 7/29/14 Case Details 09/16/13 juvenile The dispositional order under section 361.2 is reversed and the matter is remanded

to the juvenile court for a new dispositional hearing.

no Chaney
07/29/14 B249092

[PDF] [DOC]

P. v. Gonzalez CA2/3 filed 7/29/14 Case Details 05/23/13 cr judgment modified as affirmed to reflect presentence custody credits no Klein
07/29/14 B245910

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P. v. Vargas CA2/1 filed 7/29/14 Case Details 09/04/12 cr The judgment is modified to substitute the award of presentence custody credit

with the total sum of 1,674 days, comprised of 1,456 actual days in custody, plus conduct

credit of 218 days. The four section 667.5 prison enhancements are stricken. As so

modified and in all other respects, the judgment is affirmed.

no Chavez
07/29/14 B243922

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P. v. Soberanis CA2/2 filed 7/29/14 Case Details 06/12/13 cr affirm no Hollenhurst
07/29/14 E058988

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P. v. Stewart CA4/2 filed 7/29/14 Case Details 03/05/13 cr affirm no Hollenhurst
07/29/14 E058200

[PDF] [DOC]

P. v. Mendez CA4/2 filed 7/29/14 Case Details 03/05/13     no Hollenhurst
07/29/14 D065610

[PDF] [DOC]

Bell v. San Bernardino Cty. Employee’s Retire. Assn. CA4/1 filed 7/29/14 Case Details 02/28/12 civil affirm yes McConnell
07/29/14 D064806

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P. v. Galaviz CA4/1 filed 7/29/14 Case Details 10/15/13 cr wende appeal affirm no Nares
07/29/14 D063576

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Gerber v. Sweetwater Union High School Dist. CA4/1 filed 7/29/14 Case Details 02/27/13 civil affirm no Benke
07/29/14 C075400

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P. v. Winchel CA3 filed 7/29/14 Case Details 12/16/13 cr wende appeal affirm no Nicholson
07/29/14 C074937

[PDF] [DOC]

P. v. Dumont CA3 filed 7/29/14 Case Details 10/04/13 cr wende appeal affirm no Robie
07/29/14 C074820

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P. v. Spears CA3 filed 7/29/14 Case Details 09/25/13 cr affirm no Robie
07/29/14 C074154

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P. v. Douglas CA3 filed 7/29/14 Case Details 06/27/13 cr Defendant’s sentence is reversed. The matter is remanded to the trial court with

directions that it exercise its discretion whether to impose or strike each of the

enhancements in compliance with section 1385, subdivision (a). (People v. Langston,

supra, 33 Cal.4th at p. 1241.)

no Robie
07/29/14 B242123

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J.M. v. G.H. CA2/1 filed 7/29/14 Case Details 06/21/12 civil family law affirm move away of child to spend school year in Israel, no Johnson
07/28/14 H039788

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Marriage of Goodman CA6 filed 7/28/14 Case Details 06/13/13 civil family law The April 24, 2013 order is reversed and the matter is remanded for further

proceedings on Timothy’s September 2012 request to determine overpayment of spousal

support.

no BAMATTRE-MANOUKIAN,
07/28/14 G048645

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P. v. Kieu CA4/3 filed 7/28/14 Case Details 07/01/13 cr The clerk of the Superior Court is directed to amend the abstract of the

judgment to add 108 days of conduct credits and to stay the sentence on count 2 (§ 206),

the stay is to become permanent upon the completion of the sentence on count 1 (§ 205).

no RYLAARSDAM
07/28/14 B252761

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In re S.H. CA2/5 filed 7/28/14 Case Details 10/23/13 juvenile affirm no Mosk
07/28/14 A140372

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In re N.C. CA1/3 filed 7/28/14 Case Details 11/26/13 juvenile affirm no Siggins
07/28/14 A138210

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Calvo, Fisher & Jacob v. Lujan CA1/2 filed 7/28/14 Case Details 03/04/13 civil affirm no Richman
07/28/14 H039714

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Wright v. Tufft CA6 filed 7/28/14 Case Details 05/24/13 civil probate affirm as modified no BAMATTRE-MANOUKIAN
07/28/14 H039061

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Mikulaco v. J.P. Morgan Chase Bank CA6 filed 7/28/14 Case Details 12/04/12 civil affirm no BAMATTRE-MANOUKIAN
07/28/14 F067677

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Fulkes v. Bd. of Retirement of Tulare County Employees Retirement Assn. CA5 filed 7/28/14 Case Details 07/02/13 civil affirm no Kane
07/28/14 B253645

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In re Jacob R. CA2/8 filed 7/28/14 Case Details 01/06/14 juvenile affirm no Bigelow
07/28/14 B253504

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In re X.H. CA2/1 filed 7/28/14 Case Details 12/12/13 juvenile affirm no Rothshild
07/28/14 B250837

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Avery v. Tahmazian CA2/5 filed 7/28/14 Case Details 08/15/13 civil affirm no Mosk
07/28/14 B250245

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Quinn, Emanuel Urquhart & Sullivan v. Kurtin CA2/5 filed 7/28/14 Case Details 07/23/13 civil affirm no Turner, Mosk dissenting
07/28/14 B245479

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P. v. Delgadoplatero CA2/1 filed 7/28/14 Case Details 11/27/12 cr affirm no Rothshild
07/28/14 A137344

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Longmire v. City of Oakland CA1/1 filed 7/28/14 Case Details 12/13/12 civil affirm no Becton
07/28/14 A133094

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P. v. Mitchell CA1/1 filed 7/28/14 Case Details 08/29/11 cr The order restraining defendant from having contact with the minor and D.K.’s

mother is reversed.

no Becton
07/28/14 G048156

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Fed. Nat. Mortgage Assn. v. Rothman CA4/3 filed 7/28/14 Case Details 03/08/13 civil affirm no Moore
07/28/14 D064424

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Simmons v. Balch CA4/1 filed 7/28/14 Case Details 08/12/13 civil family law affirm yes Nares
07/28/14 D063941

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Riazati v. County of San Diego CA4/1 filed 7/28/14 Case Details 03/11/13 civil affirm yes McIntyre
07/28/14 B249354

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P. v. Kang CA2/7 filed 7/28/14 Case Details 06/11/13 cr wende appeal affirm no Zelon
07/28/14 B246719

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Zepeda v. County of Los Angeles CA2/7 filed 7/28/14 Case Details 01/28/13 civil We reverse the trial court’s order granting summary judgment. The trial court

shall enter an order granting summary adjudication as to the fourth cause of action and

conduct further proceedings consistent with this opinion

no Woods
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