Court of Appeal Stats 8/11-8/12/2014

A list of the unpublished decisions from all six appellate districts is included below.

               
Date Posted Docket Case Description Date initiated Type of case Decision Self represented Judge issuing opinion
08/12/14 A136841

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Banaag v. Case Systems CA1/1 filed 8/12/14 Case Details 10/11/12 civil affirm no Dondero
08/12/14 G050050

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Moran v. Stetler CA4/3 filed 8/12/14 Case Details 09/13/12 civil reverse no Rylaarsdam
08/12/14 F068831

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In re A.Z. CA5 filed 8/12/14 Case Details 02/05/14 juvenile affirm providing reunification service to father no Hill
08/12/14 F067131

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P. v. Dominguez CA5 filed 8/12/14 Case Details 04/24/13 cr affirm no Levy
08/12/14 F065082

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P. v. Nava CA5 filed 8/12/14 Case Details 06/01/12 cr The judgment is affirmed. The petition for a writ of habeas corpus is denied. no Cornell
08/12/14 C075737

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In re A.D. CA3 filed 8/12/14 Case Details 01/30/14 juvenile affirm no Hoch
08/12/14 C074419

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P. v. Medeiros CA3 filed 8/12/14 Case Details 07/26/13 cr wende appeal The judgment is modified to impose a $40 court operations fee and a $30 court

facilities assessment. The trial court is directed to recalculate and confirm defendant’s

presentence credits. As so modified, the judgment is affirmed. The trial court is directed

to prepare an amended abstract of judgment and to forward a certified copy to the

Department of Corrections and Rehabilitation

no Butz
08/12/14 B252551

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P. v. Wells CA2/6 filed 8/12/14 Case Details 11/14/13 cr affirm no Gilbert
08/12/14 B246821

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Glazer v. Ault CA2/3 filed 8/12/14 Case Details 01/29/13 civil affirm no Aldrich
08/12/14 A138355

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Dane v. City of Santa Rosa CA1/2 filed 8/12/14 Case Details 04/08/13 civil affirm no Kline
08/12/14 G048077

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P. v. Salazar CA4/3 filed 8/12/14 Case Details 02/26/13 cr affirm yes Aronson
08/12/14 F069515

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M.J. v. Superior Court CA5 filed 8/12/14 Case Details 06/02/14 juvenile writ petition denied yes Kane
08/12/14 C075088

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P. v. Prieto-Esparza CA3 filed 8/12/14 Case Details 10/31/13 cr The judgment is reversed as to the conviction on count 3 for transportation of a

controlled substance

no Mauro
08/12/14 B253191

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In re A.M. CA2/1 filed 8/12/14 Case Details 12/11/13 juvenile affirm no Miller
08/12/14 B252674

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In re Daisy C. CA2/5 filed 8/12/14 Case Details 10/25/13 juvenile affirm no Mink
08/12/14 B252549

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P. v. Alaniz CA2/5 filed 8/12/14 Case Details 10/03/13 cr The abstract of judgment is ordered corrected to show that (1) appellant has 724

days of actual custody plus 108 days of custody credit for a total of 832 days of

presentence custody credit; (2) appellant’s custody credits were calculated pursuant to

section 2933.1 and (3) appellant was sentenced pursuant to section 667.71. The $300

section 290.3 fine is reversed. The matter is remanded for a hearing to determine if

appellant has the ability to pay the total fine detailed in this opinion, a lesser amount or

nothing at all. The judgment of conviction is affirmed in all other respects. The clerk of

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

three corrections set forth in this disposition, plus the fines determined by the court after

the ability to pay hearing, and to deliver a copy of the amended abstract to the

Department of Corrections and Rehabilitation.

no Mink
08/12/14 B251401

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Wong v. Lee CA2/5 filed 8/12/14 Case Details 09/06/13 civil affirm, no adequate trial record yes Mink
08/12/14 B249039

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P. v. Cruz CA2/2 filed 8/12/14 Case Details 05/24/13 cr affirm no Ashman-Gerst
08/12/14 D065689

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In re E.S. CA4/1 filed 8/12/14 Case Details 03/28/14 juvenile The juvenile court’s order placing minor in a licensed foster home in San Diego

and not placing minor with father or the paternal grandmother in Roseville is affirmed

no Benke
08/12/14 B255548

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P. v. Ross CA2/5 filed 8/12/14 Case Details 04/11/14 cr appeal dismissed no appealable order no Turner
08/12/14 B253724

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Palm Development Group v. Farahani CA2/5 filed 8/12/14 Case Details 01/08/14 civil affirm no adequate appellate record no Turner
08/12/14 B253519

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In re D.Y. CA2/5 filed 8/12/14 Case Details 12/20/13 juvenile affirm no Turner
08/12/14 B251830

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P. v. Hubbard CA2/5 filed 8/12/14 Case Details 10/07/13 cr The order staying the prior prison term enhancement is reversed. Upon remittitur

issuance, the trial court, in connection with the two prior prison term enhancements, is to

proceed as described in the immediately two preceding paragraphs. Further, defendant is

to be awarded 43 days of conduct credit. Thereafter, the superior court clerk is to prepare 11

an amended abstract of judgment and deliver it to the Department of Corrections and

Rehabilitation.

no Turner
08/12/14 B250489

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Covarrubias v. Union Adjustment Co. CA2/5 filed 8/12/14 Case Details 07/29/13 civil The order denying the special motion to strike as to the third and fourth causes of

action is affirmed. The order denying the special motion to strike as to the first and

second causes of action is reversed. Upon remittitur issuance, a new order is to be

entered granting the special motion to strike as to the first two causes of action. Plaintiff,

Ignacio Covarrubias, is to recover his costs incurred in connection with the third and

fourth causes of action, if any. As to the first two causes of action, costs and attorney

fees are awarded to defendant, Union Adjustment Co., Inc., subject to the determination

described in the immediately preceding paragraph.

no Turner
08/12/14 B250403

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In re Adrian D. CA2/5 filed 8/12/14 Case Details 06/11/13 juvenile The dependency court’s orders dismissing petition allegations under subdivisions

(a) and (b) of section 300 as they relate to domestic violence between mother and father

are affirmed. The court’s disposition orders, finding detriment as to father, ordering

monitored visitation between father and Adrian, and ordering domestic violence classes

and anger management classes for father, are also affirmed

no Kriegler
08/12/14 B250007

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Montejano v. County of Los Angeles CA2/5 filed 8/12/14 Case Details 06/26/13 civil The April 29, 2013 judgment is affirmed and plaintiff’s appeal from the order

awarding attorney fees to defendant is dismissed. Defendant, County of Los Angeles,

shall recover its appeal costs from plaintiff, Raquel Montejano. Any issue concerning

attorney’s fees on appeal may be pursued pursuant to California Rules of Court rules

3.1702(c)(1) and 8.278(c)(1)

no Turner
08/12/14 B248593

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Clark v. Bank of America CA2/5 filed 8/12/14 Case Details 05/02/13 civil affirm no Kriegler
08/12/14 B243390

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McClanahan v. Gonzalez CA2/5 filed 8/12/14 Case Details 08/17/12 civil affirm no Kriegler
08/11/14 G047989

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P. v. Ortega CA4/3 filed 8/11/14 Case Details 01/28/13 cr affirm no O’Leary
08/11/14 F067437

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P. v Santema CA5 filed 8/11/14 Case Details 06/13/13 cr affirm no Cornell
08/11/14 B251093

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P. v. Escobedo CA2/6 filed 8/11/14 Case Details 09/06/13 cr affirm no Gilbert
08/11/14 B243213M

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P. v. Garcia-Munguia CA2/3 filed 8/11/14 Case Details 08/09/12 cr order modifying opinion no change in judgment no  
08/11/14 A136588

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P. v. Ubando CA1/1 filed 8/11/14 Case Details 09/13/12 cr affirm no Becton
08/11/14 A135879

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P. v. Gunning CA1/5 filed 8/11/14 Case Details 06/22/12 cr affirm no Bruiniers
08/11/14 B248333

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P. v. Brown CA2/3 filed 8/11/14 Case Details 03/01/13 cr reverse ccp 177.5 sanctions order self represented attorney Aldrich
08/11/14 B244918

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P. v. Preciado CA2/8 filed 8/11/14 Case Details 10/30/12 cr affirm no Rubin
08/11/14 B244154

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P. v. Corswell CA2/8 filed 8/11/14 Case Details 09/19/12 cr affirm no Rubin
08/11/14 B241987

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P. v. Williams CA2/3 filed 8/11/14 Case Details 06/08/12 cr affirm no Aldrich
08/11/14 A139998M

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Bartholomew v. Triay CA1/1 filed 8/11/14 Case Details 10/10/13 civil order modifying opinion no change in judgment yes  
08/11/14 G049395

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In re Freddy M. CA4/3 filed 8/11/14 Case Details 12/11/13 Juvenile delinquent wende appeal affirm no Moore
08/11/14 C075398

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P. v. Landry CA3 filed 8/11/14 Case Details 12/13/13 cr wende appeal affirm no Butz
08/11/14 C075386

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P. v. Starks CA3 filed 8/11/14 Case Details 12/16/13 cr The trial court is directed to prepare a corrected abstract of judgment that includes

the imposed crime prevention fee of $39 (§ 1202.5, subd. (a)) and to send a certified copy 4

of the corrected abstract to the Department of Corrections and Rehabilitation. The

judgment is affirmed

no Butz
08/11/14 C071982

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Madridejos v. HSBC Bank CA3 filed 8/11/14 Case Details 08/29/12 civil affirm no Raye
08/11/14 C064420

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P. v. Armstrong CA3 filed 8/11/14 Case Details 03/05/10 cr The judgment as to Count Four, second degree robbery, is reversed. The 15-year

sentence, and the $20 court operations assessment and $30 court facility fee imposed 52

pursuant to Penal Code section 1465.8 and Government Code section 70373 must be

vacated. We remand for resentencing.

The nine-year section 667.8 kidnapping enhancements to Counts Two and Three

are ordered stayed, said stay to become permanent upon defendant’s service of the

remainder of his sentence.

The jail classification fee ($27.22) and jail booking fee ($242.29) are stricken.

Upon remand, the trial court shall obtain a supplemental probation report

accounting for all of defendant’s time in custody before the March 2010 sentencing,

including time in custody on Case No. 00F04732, and award the appropriate credits for

that case in an amended abstract of judgment reflecting the consolidated aggregate

determinant term in this case.

The amended abstract must include in the total determinate term the 10-year

sentence on the section 12022.53, subdivision (b) firearm enhancement attached to the

indeterminate term imposed for the one-strike sentence on Count One.

The trial court shall forward a revised abstract of judgment to the Department of

Corrections and Rehabilitation.

no Murray
08/11/14 B254931

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P. v. Esparza CA2/8 filed 8/11/14 Case Details 03/12/14 cr wende appeal affirm no Bigelow
08/11/14 B250880

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Espinoza v. Dole Fresh Vegetables CA2/6 filed 8/11/14 Case Details 08/23/13 civil affirm no Yegan
08/11/14 B249070

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P. v. Carrasco CA2/8 filed 8/11/14 Case Details 05/28/13 cr wende appeal The trial court orally imposed, but stayed, the mid-term of three years plus an

additional three years on the weight enhancement with respect to count 1 for a total of six

years. The minute order inaccurately reflects a six year enhancement for a total of nine

years in county jail for count 1. Similarly, the trial court orally imposed, but stayed, a

mid-term of two years plus three additional years on the weight enhancement with

respect to count 2 for a total of five years. The minute order inaccurately reflects a five

year enhancement for a total of seven years for count 2. Though the sentences on those

counts were stayed, the minute order should nevertheless be modified to accurately

reflect the trial court’s judgment.

The minute order also inaccurately lists the fines and fees orally imposed by the

trial court. Three $40 court operations fees should be imposed pursuant to Penal Code

1465.8, subdivision (a)(1), reflecting a fee for each conviction, rather than two $30 court

operations assessments for counts 1 and 3. Further, three $30 criminal conviction

facilities fees should be assessed pursuant to Government Code section 70373,

subdivision (a)(1), reflecting one assessment for each conviction. The two $40 citation

processing fees (Pen. Code, § 1463.07) listed in the minute order were not imposed by

the trial court as to counts 1 and 3 and should be stricken. In all other respects, we are

satisfied that appointed counsel fulfilled his duty, and that no arguable issues exist.

no Bigelow
08/11/14 A140805

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Aponte v. Bank of America CA1/5 filed 8/11/14 Case Details 01/13/14 civil affirm no adequate appellate record yes Needham
08/11/14 F067126

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Conservatorship of Brandon S. CA5 filed 8/11/14 Case Details 04/03/13 civil affirm yes Gomes
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