CA Court of Appeal Stats 7/31/2014

A list of the unpublished decisions from all six appellate districts is included below.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
07/31/14 H037966M

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Conservatorship of A.G. CA6 filed 7/31/14 Case Details 02/17/12 civil order modifying opinion no change in judgment no Grover
07/31/14 H037966M

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Conservatorship of A.G. CA6 filed 7/31/14 Case Details 02/17/12 civil appeal dismissed as moot no Grover
07/31/14 G049660

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Dohr v. Lintz CA4/3 filed 7/31/14 Case Details 02/10/14 civil appeal dismissed based upon motion to dismiss. Sanctions award was made against appellant’s attorney not defendant therefore no basis for appeal against defendant exists. no O’Leary
07/31/14 G048693

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In re William H. CA4/3 filed 7/31/14 Case Details 07/09/13 juvenile delinquent With respect to minor’s challenge to his probation condition, the appeal is

dismissed as moot.

no Ikola
07/31/14 F066755

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P. v. Figueroa CA5 filed 7/31/14 Case Details 02/21/13 cr affirm no Gomes
07/31/14 D063582

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In re Edgar Z. CA4/1 filed 7/31/14 Case Details 03/12/13 juvenile delinquent affirm no McIntyre
07/31/14 A141280

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In re Carlos H. CA1/2 filed 7/31/14 Case Details 03/12/14 juvenile delinquency affirm no Richman
07/31/14 A140252

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In re D.L. CA1/3 filed 7/31/14 Case Details 11/14/13 juvenile affirm no McGuiness
07/31/14 A139527

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Galeb Paving v. D.L. Falk Construction CA1/2 filed 7/31/14 Case Details 08/13/13 civil affirm no Richman
07/31/14 A139514

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In re Z.M. CA1/1 filed 7/29/14 Case Details 08/12/13 juvenile affirm We recognize father has made significant strides toward overcoming the issues

that led to Z.M.-R.’s removal, and that his efforts are all the more commendable because

he undertook them on his own initiative and without the benefit of reunification services.

However, given the history of this protracted dependency, we conclude the juvenile court

did not abuse its discretion in finding that father’s circumstances were changing, rather

than changed, and that his efforts did not outweigh the minor’s need for stability and

Permanency

no Dondero
07/31/14 A139479

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Mitchell v. Hanlon CA1/1 filed 7/31/14 Case Details 07/19/13 civil affirm no Margulies
07/31/14 A137906

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P. v. Murphy CA1/1 filed 7/31/14 Case Details 02/14/13 cr affirm no Becton
07/31/14 H039625

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P. v. Medina CA6 filed 7/31/14 Case Details 05/07/13 cr affirm no BAMATTRE-MANOUKIAN
07/31/14 H039212

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P. v. Garcia CA6 filed 7/31/14 Case Details 01/10/13 cr affirm no BAMATTRE-MANOUKIAN
07/31/14 G048661

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Leonard v. Waterloo CA4/3 filed 7/31/14 Case Details 06/28/13 civil affirm no Bedsworth
07/31/14 F068454

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In re M.L. CA5 filed 7/31/14 Case Details 11/18/13 juvenile delinquent affirm no Cornell
07/31/14 F068247

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In re A.A. CA5 filed 7/31/14 Case Details 10/15/13 juvenile delinquent affirm no Levy
07/31/14 F066824

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P. v. Sosa CA5 filed 7/31/14 Case Details 03/01/13 cr The judgment imposing fees, fines, penalties and assessments is modified as

follows: the DNA penalty assessments imposed pursuant to the Government Code

sections 76104.6 and 76104.7 are stricken; the section 290.3 fine is $200; the section

1464 penalty is $200; the section 1465.7 state surcharge is $40; the Government Code

section 76000 penalty assessment is $140; and the Government Code section 70372 state

court construction penalty is $60. The case is remanded to the trial court to amend the

abstract of judgment and the clerk’s minute order of the sentencing proceeding to reflect

these changes and to forward the amended documents to the appropriate authorities. The

judgment is otherwise affirmed.

no Levy
07/31/14 D065632

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P. v. Smith CA4/1 filed 7/31/14 Case Details 11/15/12 cr affirm no McIntyre
07/31/14 D065466

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P. v. O’Rourke CA4/1 filed 7/31/14 Case Details 06/08/12 cr The judgment is modified to reflect an award of 452 days of presentence custody

credit, comprised of 302 actual custody days and 150 days of conduct credit. The trial

court is directed to prepare an amended abstract of judgment and forward a copy to the

Department of Corrections and Rehabilitation. As so modified, the judgment is affirmed.

no McIntyre
07/31/14 D060304

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Chau v. Chau CA4/1 filed 7/31/14 Case Details 08/02/11 civil affirm no McIntyre
07/31/14 B243607

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Kirkland v. Rappaport CA2/1 filed 7/31/14 Case Details 08/27/12 civil affirm no Rothshild
07/31/14 A141487

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P. v. Mobley CA1/3 filed 7/31/14 Case Details 03/28/14 cr wende appeal affirm no Pollak
07/31/14 A139522

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Myles v. Farmers Group CA1/3 filed 7/31/14 Case Details 08/16/13 civil affirm no McGuiness
07/31/14 A137184

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In re Francisco O. CA1/3 filed 7/31/14 Case Details 11/27/12 juvenile affirm no Pollak
07/31/14 G049901

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P. v. James CA4/3 filed 7/31/14 Case Details 11/02/12 cr The judgment is affirmed as modified. The clerk of the superior court is

directed to correct Payne’s abstract of judgment to reflect the imposition an indeterminate

term of 25 years to life on count 6, plus a total consecutive determinate term of one year

and four months on counts 4 and 5;

no Thompson
07/31/14 G049669

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P. v. Kent CA4/3 filed 7/31/14 Case Details 02/11/14 cr wende appeal affirm no Aronson
07/31/14 G047750

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P. v. Sindaha CA4/3 filed 7/31/14 Case Details 12/06/12 cr affirm no O’Leary
07/31/14 E060499

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In re C.C. CA4/2 filed 7/31/14 Case Details 01/23/14 juvenile Mother has not shown that Minor would suffer from severance of Mother’s parental rights so greatly that a legal guardianship should be established instead of proceeding with adoption. “‘[C]hildhood

does not wait for the parent to become adequate.’” (In re Baby Boy L. (1994) 24 Cal.App.4th 596, 610.)

no Miller
07/31/14 E059028

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P. v. Chapa CA4/2 filed 7/31/14 Case Details 06/18/13 cr The matter is remanded for resentencing in accordance with this opinion. On

remand, the trial court is directed to select the attempted robbery conviction in count 1 as

the principal term; stay defendant’s sentence on count 3 for possession of ammunition by

a felon; and stay defendant’s sentence on count 4 for the substantive gang offense. On

remand, the trial court is also directed to impose the relevant and mandatory fines, fees, 13

and assessments. Following the resentencing hearing, the clerk of the superior court is

directed to prepare an amended abstract of judgment reflecting the modifications made at

the resentencing hearing and to forward a copy of the amended abstract of judgment to

the Department of Corrections and Rehabilitation.

no Ramirez
07/31/14 D064206

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P. v. Gotell CA4/1 filed 7/31/14 Case Details 07/05/13 cr affirm no Haller
07/31/14 D063008

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Marriage of Cashman CA4/1 filed 7/31/14 Case Details 11/06/12 civil family law The portion of the judgment characterizing the Morgan Stanley account as

community property is reversed. The superior court is directed to modify the judgment to

characterize the account as John’s separate property. In all other respects, the judgment is

affirmed as modified. The order denying John’s motion for new trial is affirmed.

yes Nares
07/31/14 B251211

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Tustin v. Bank of America CA6 filed 7/31/14 Case Details 09/11/13 civil affirm yes Burke
07/31/14 B249040

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P. v. Love CA2/3 filed 7/31/14 Case Details 05/21/13 cr Judgment to count 1 and 2 reversed. Otherwise affirmed. no Aldrich
07/31/14 B246877

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Mike Rovner Construction v. Liberty Surplus Ins. CA2/6 filed 7/31/14 Case Details 02/13/13 civil affirm no Burke
07/31/14 A141176

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Estate of Walker CA1/5 filed 7/31/14 Case Details 02/26/14 civil affirm yes Jones
07/31/14 A140371

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In re M.B. CA1/1 filed 7/31/14 Case Details 11/22/13 juvenile The juvenile court’s order of September 30, 2013, terminating Mother’s parental

rights and adopting a permanent plan is reversed, and the court’s finding that ICWA is

not applicable is vacated. The case is remanded to the juvenile court with directions to

ensure the Agency has complied with the notice requirements of ICWA. If, after

new notice, any of the Cherokee tribes claims M.B. is eligible for membership and seeks

to intervene, the juvenile court shall proceed in conformity with all provisions of ICWA.

If, on the other hand, the Cherokee tribes make no such claim following new notice or the

court concludes the Agency’s efforts at compliance were adequate and no further

information about Father’s family is reasonably available, the inapplicability finding and

the September 30, 2013 order shall be reinstated.

no Margulies
07/31/14 G048358

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P. v. Molina CA4/3 filed 7/31/14 Case Details 04/26/13 cr affirm no Ikola
07/31/14 F067348

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P. v. Kennedy CA5 filed 7/31/14 Case Details 05/23/13 cr affirm MDO recommitment order no Cornell
07/31/14 F065827

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P. v. Alamo CA5 filed 7/31/14 Case Details 09/24/12 cr affirm no Kane
07/31/14 F064657

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P. v. Her CA5 filed 7/31/14 Case Details 04/06/12 cr affirm no Levy
07/31/14 E060545

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P. v. Morales CA4/2 filed 7/31/14 Case Details 02/06/14 cr wende appeal potentially arguable issues presented affirm no McKinster
07/31/14 B253619

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In re David G. CA2/2 filed 7/31/14 Case Details 12/13/13 juvenile affirm as to mother appeal dismissed as to father Father was given

the opportunity to submit an additional letter or brief identifying any contentions he

wished to raise on appeal, which he has not done. Accordingly, his appeal will be

dismissed as abandoned pursuant to In re Phoenix H. (2009) 47 Cal.4th 835, and In re

Sade C. (1996) 13 Cal.4th 952.

no Chavez
07/31/14 B252913

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In re Joseph C. CA2/4 filed 7/31/14 Case Details 11/07/13 juvenile affirm Mother also contends that Joseph would benefit from increased interaction with

her because her visits were “nurturing and appropriate.” However, “[a]fter the

termination of reunification services, the parents’ interest in the care, custody and

companionship of the child are no longer paramount. Rather, at this point ‘the focus

shifts to the needs of the child for permanency and stability’ (In re Marilyn H., supra, 5

Cal.4th 295, 309), and in fact, there is a rebuttable presumption that continued foster care

is in the best interests of the child.” (In re Stephanie M., supra, 7 Cal.4th at p. 317.)

Thus, evidence that mother was nurturing and appropriate with Joseph is not enough to

show changed circumstances.

no Edmon
07/31/14 B252572

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In re Daniella G. CA2/4 filed 7/31/14 Case Details 10/21/13 juvenile Affirm Although Mother presented evidence of a good relationship between her and Daniella, there is no evidence that a continued relationship with Mother would promote the well-being

of Daniella sufficiently to outweigh the well-being she would gain in a permanent

home with Maternal Grandmother.

no Willhite
07/31/14 B248103

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P. v. Ruddell CA2/3 filed 7/31/14 Case Details 03/28/13 cr The judgment is reversed with directions to the trial court to conduct an in camera

inspection consistent with the opinions expressed herein. If the trial court’s inspection on

remand reveals no discoverable information, the trial court must reinstate the original

judgment and sentence. If the inspection reveals discoverable information, the trial court

shall order disclosure of the names, addresses, and telephone numbers of individuals who

have witnessed, or have previously filed complaints about, similar misconduct, i.e., the

use of excessive force, falsifying police reports, planting evidence, or perjury; allow

appellant an opportunity to demonstrate prejudice; and order a new trial if there is a

reasonable probability the outcome would have been different if the information had been

disclosed. If appellant is unable to demonstrate prejudice, the judgment and sentence

must be reinstated

no Aldrich
07/31/14 A137242

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Ramirez v. Marslek CA1/2 filed 7/31/14 Case Details 11/26/12 cr affirm no Brick
07/31/14 E059395

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P. v. Fife CA4/2 filed 7/31/14 Case Details 08/08/13 cr affirm no Ramirez
07/31/14 E058595

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P. v. Gray CA4/2 filed 7/31/14 Case Details 04/18/13 cr he judgment is modified to strike the one-year second, fifth, and seventh prior

prison term enhancements. The judgment is also modified to reflect a criminal

conviction assessment fee pursuant to Government Code section 70373 in the amount of

$30 per convicted count, or $60. The judgment is further modified to reflect 773 actual

days in presentence custody, plus 115 days of conduct credit attributable to the 15

presentence custody, for a total of 888 days in presentence custody credits. The clerk of

the superior court is directed to prepare an amended abstract of judgment and minute

order of the April 19, 2013 sentencing hearing to reflect defendant’s total indeterminate

sentence as 29 years to life as well as the modifications noted above and to forward a

certified copy of the amended abstract of judgment to the Department of Corrections and

Rehabilitation. In all other respects, the judgment is affirmed.

no Ramirez
07/31/14 E057475

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P. v. Moore CA4/2 filed 7/31/14 Case Details 11/07/12 cr affirm no Richli
07/31/14 D065633

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P. v. Thomas CA4/1 filed 7/31/14 Case Details 02/21/13 cr affirm no McIntyre
07/31/14 D064750

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P. v. Harris CA4/1 filed 7/31/14 Case Details 10/11/13 cr The superior court is directed to strike the prior conviction under section 667.5,

subdivision (b). The court is also directed to grant Harris one additional day of custody

credit. In all other respects the judgment is affirmed.

no Huffman
07/31/14 D062874

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Getsen Acquisitions v. Zapf CA4/1 filed 7/31/14 Case Details 10/26/12 civil affirm yes Aaron
07/31/14 C075825

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P. v. Gordon CA3 filed 7/31/14 Case Details 02/14/14 cr wende appeal affirm no Duarte
07/31/14 C075188

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P. v. Wilde CA3 filed 7/31/14 Case Details 10/24/13 cr affirm no Mauro
07/31/14 C074909

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In re M.S. CA3 filed 7/31/14 Case Details 10/07/13 juvenile delinquent affirm no Blease
07/31/14 C072623

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Cato v. HSBC Bank USA CA3 filed 7/31/14 Case Details 11/21/12 civil affirm no Hoch
07/31/14 F068866

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In re David H. CA5 filed 7/31/14 Case Details 02/05/14 juvenile appeal dismissed An appealed-from judgment or order is presumed correct. (Denham v. Superior

Court (1970) 2 Cal.3d 557, 564.) It is up to an appellant to raise claims of reversible

error or other defect and present argument and authority on each point made. If an

appellant does not do so, the appeal may be dismissed. (In re Sade C. (1996) 13 Cal.4th

952, 994.)

no Cornell
07/31/14 E060812

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P. v. Stapleton CA4/2 filed 7/31/14 Case Details 03/13/14 cr wende appeal affirm no Ramirez
07/31/14 E060422

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In re C.N. CA4/2 filed 7/31/14 Case Details 01/14/14 juvenile affirm no McKinster
07/31/14 E057498

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San Bernardino Cty. Dept. Child Support v. Pascual CA4/2 filed 7/31/14 Case Details 10/24/12 civil child support The trial court’s orders are affirmed with the exception of the order denying

Pascual’s request to set aside the declaration of paternity as untimely. We remand for the

sole purpose of addressing Pascual’s challenge to his voluntary declaration of paternity.

no Codrington
07/31/14 D065508

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In re Jaylen M. filed 7/31/14 Case Details 02/13/14 juvenile affirm no McConnell
07/31/14 D064376

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P. v. Lawson CA4/1 filed 7/31/14 Case Details 07/30/13 cr this case is remanded to the trial court with directions to correct the judgment to

stay Lawson’s three-year prison sentence for count 3 (conspiracy to commit assault by

means of force likely to produce great bodily injury) per section 654. In all other

respects, the judgment is affirmed.

no Huffman
07/31/14 D064040

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Straass v. DeSantis CA4/1 filed 7/31/14 Case Details 05/29/13 civil affirm no Haller
07/31/14 C074673

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P. v. Neel CA3 filed 7/31/14 Case Details 08/30/13 cr The judgment is modified to strike the four years imposed as prior prison term

enhancements in case No. CRF130027 pursuant to Penal Code section 667.5, subdivision

(b), so that defendant’s aggregate prison term in both cases is 11 years 4 months. As 3

modified, the judgment is affirmed. The trial court is directed to prepare an amended

abstract of judgment reflecting the judgment as modified and to forward it to the

Department of Corrections and Rehabilitation.

no Mauro
07/31/14 B250429

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In re Eli B. CA2/3 filed 7/31/14 Case Details 06/12/13 juvenile affirm no Aldrich
07/31/14 B247358

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Pekin v. Valverde CA2/3 filed 7/31/14 Case Details 02/25/13 civil reverse no Aldrich
07/31/14 B246331

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P. v. Perez CA2/3 filed 7/31/14 Case Details 01/18/13 cr The judgment is reversed in part, affirmed in part, and the matter is remanded with

directions. The order imposing and staying the 10-year prison term pursuant to section

186.22, subdivision (b)(1)(C), is reversed. The trial court must strike the reference to

subdivision (b)(4) as the authority for the imposition of the 15-year minimum term of

imprisonment before eligibility for parole. On remand, the trial court will order an award

of 638 days of section 2900.5 presentence custody credit. In all other respects, the

judgment is affirmed.

no Klein
07/31/14 A138461

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P. v. Ramirez CA1/4 filed 7/31/14 Case Details 04/19/13 cr The judgment is reversed to the extent it grants the conservator authority to

authorize routine medical treatment. In all other respects, the judgment is affirmed

no Rivera
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