Court of Appeal Stats 8/25/2014

A list of the unpublished decisions from all six appellate districts is included below.

Date Posted

Docket #/

File Format

Description Date initiated Case Type Decision Appellant self represented Justice issuing opinion
08/25/14

E060255

[PDF] [DOC]

In re L.B. CA4/2 filed 8/25/14 Case Details 12/12/13 juvenile delinquent affirm no Richli
08/25/14

B253429

[PDF] [DOC]

Zulli v. Moghimi CA2/6 filed 8/25/14 Case Details 12/20/13 cr appeal dismissed no Yegan
08/25/14

B252830

[PDF] [DOC]

Jon Davler, Inc. v. Arch Ins. Co. CA2/7 filed 8/25/14 Case Details 12/03/13 civil affirm no Segal
08/25/14

B252432

[PDF] [DOC]

P. v. Nevarez CA2/6 filed 8/25/14 Case Details 11/07/13 cr affirm no Yegan
08/25/14

B251328M

[PDF] [DOC]

Franklin v. Town Capital I CA2/4 filed 8/25/14 Case Details 08/30/13 civil order modifying opinion no change in judgment no Willhite
08/25/14

B249734

[PDF] [DOC]

P. v. Morales CA2/6 filed 8/25/14 Case Details 06/24/13 cr affirm no Yegan
08/25/14

A140686

[PDF] [DOC]

P. v. Bringazi CA1/5 filed 8/25/14 Case Details 01/07/14 cr wende appeal affirm no Jones
08/25/14

A139294M

[PDF] [DOC]

P. v. Crothers CA1/3 filed 8/25/14 Case Details 07/22/13 cr order modifying opinion no change in judgment no  
08/25/14

F069213

[PDF] [DOC]

In re Julius L. CA5 filed 8/25/14 Case Details 04/10/14 juvenile appeal dismissed no Cornell
08/25/14

F064575

[PDF] [DOC]

P. v. Hollifield CA5 filed 8/25/14 Case Details 03/26/12 cr

The abstract of judgment shall be amended to reflect two additional days of

presentence custody credit. The judgment is affirmed as modified. The matter is

remanded to the trial court with directions to amend the abstract of judgment accordingly

and to transmit certified copies of the amended abstract to all appropriate parties and

entities.

no Hill
08/25/14

B252637

[PDF] [DOC]

In re J.C. CA2/4 filed 8/25/14 Case Details 11/19/13 juvenile delinquent

We reverse the true finding on count 2 (assault by means likely to produce great

bodily injury), affirm the true findings on counts 1 (attempted robbery) and 3 (assault

with a deadly weapon), and remand to allow the trial court to recalculate the maximum

term of confinement. In doing so, the trial court is instructed to determine for purposes of

section 654 whether the assault and attempted robbery arose from a single indivisible

course of conduct or from separate and independent criminal objectives.

no Epstein
08/25/14

B251689

[PDF] [DOC]

In re K.P. CA2/4 filed 8/25/14 Case Details 09/10/13 juvenile order terminating parental rights affirmed no Manella
08/25/14

B246535

[PDF] [DOC]

Diamantides-Abel v. Long Beach Memorial Medical Center CA2/4 filed 8/25/14 Case Details 01/15/13 civil affirm yes Manella
08/25/14

B224505B

[PDF] [DOC]

P. v. Mauricio CA2/8 filed 8/25/14 Case Details 05/11/10 cr order modifying opinion no change in judgment no Bigelow
08/25/14

H039955

[PDF] [DOC]

Chaudhary v. Gupta CA6 filed 8/25/14 Case Details 07/25/13 civil affirm no BAMATTRE-MANOUKIAN
08/25/14

H038980

[PDF] [DOC]

P. v. Silva CA6 filed 8/25/14 Case Details 11/08/12 cr

The judgment as to Silva is affirmed. The judgment as to Moreno is reversed, and

the matter is remanded with directions to strike the burglary count and resentence.

no Elia
08/25/14

G047787

[PDF] [DOC]

P. v. Vasquez CA4/3 filed 8/25/14 Case Details 12/13/12 cr

The trial court is ordered to modify the sentence on count four to reflect a

stay pursuant to section 654. The clerk of the court is directed to forward a copy of the

new abstract to the Department of Corrections and Rehabilitation. In all other respects,

the judgment is affirmed.

no Moore
08/25/14

F066992

[PDF] [DOC]

Chalal v. Syprasert CA5 filed 8/25/14 Case Details 03/21/13 civil affirm no Gomes
08/25/14

E060910

[PDF] [DOC]

P. v. Vasquez CA4/2 filed 8/25/14 Case Details 03/26/14 cr wende appeal affirm no Richli
08/25/14

E060663

[PDF] [DOC]

In re D.M. CA4/2 filed 8/25/14 Case Details 02/18/14 juvenile appeal dismissed no McKinster
08/25/14

E060372

[PDF] [DOC]

P. v. Woods CA4/2 filed 8/25/14 Case Details 01/06/14 cr wende appeal affirm no Richli
08/25/14

C073793

[PDF] [DOC]

P. v. Colondres CA3 filed 8/25/14 Case Details 05/14/13 cr

The judgment is modified to stay execution of defendant’s sentence on count VIII;

in all other respects, the judgment is affirmed. We direct the trial court to prepare an 12

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

Department of Corrections and Rehabilitation.

no Butz
08/25/14

B253549

[PDF] [DOC]

In re B.B. CA2/7 filed 8/25/14 Case Details 01/02/14 juvenile affirm no Segal
08/25/14

B253039

[PDF] [DOC]

In re N.F. CA2/7 filed 8/25/14 Case Details 11/05/13 juvenile

The order is reversed as to the finding of detriment. In all other respects, the order

is affirmed

no Segal
08/25/14

B251347

[PDF] [DOC]

P. v. Paez CA2/4 filed 8/25/18 Case Details 09/09/13 cr

The judgment is modified to strike the fine imposed under Penal Code section

1203.097. It is affirmed in all other respects. The trial court shall correct the abstract of

judgment accordingly. The superior court is directed to prepare an amended abstract of

judgment and forward it to the Department of Corrections and Rehabilitation

no Epstein
08/25/14

B250218

[PDF] [DOC]

Minkoff v. County of Los Angeles CA2/7 filed 8/25/14 Case Details 07/23/13 civil

The order vacating the dismissal of the Minkoffs’ action is reversed and remanded

with instructions to deny the motion pursuant to the mandatory provision of section 473,

subdivision (b), and to consider whether the Minkoffs are entitled to relief under the

discretionary provision of section 473, subdivision (b). Each side is to bear its costs on

Appeal

no Segal
08/25/14

B249476

[PDF] [DOC]

P. v. Frances CA2/7 filed 8/25/14 Case Details 06/14/13 cr The judgment is reversed and the matter is remanded for a new trial. no Segal
08/25/14

B248947

[PDF] [DOC]

Alvarez v. Peterson Hydraulics CA2/1 filed 8/25/14 Case Details 05/23/13 civil affirm no Chaney
08/25/14

A139954

[PDF] [DOC]

In re A.G. CA1/3 filed 8/25/14 Case Details 10/03/13 juvenile affirm no Siggins
08/25/14

H039276

[PDF] [DOC]

Vaux v. Sherman CA6 filed 8/25/14 Case Details 02/04/13 civil

The December 5, 2012 order granting Wilma Vaux’s motion for relief from

default and the January 10, 2013 order granting Norman E. Vaux II’s motion to vacate

entry of judgment on the sister state judgment are affirmed.

no BAMATTRE-MANOUKIAN, ACTING P.J.
08/25/14

G050049

[PDF] [DOC]

Fleet v. Bank of America CA4/3 filed 8/25/14 Case Details 01/14/13 civil

The judgment is reversed. The order sustaining the demurrer to the cause

of action for fraud is reversed as to BofA and respondents Williams, Smith, and Garnham

and affirmed as to respondents Recon Trust, Moynihan, and Desoer. The order

sustaining the demurrer to the breach of contract cause of action is reversed as to BofA

and affirmed as to the other respondents. The order sustaining the demurrer to the cause

of action for promissory estoppel is reversed as to BofA and is affirmed as to the other 14

respondents. The order sustaining the demurrer to the cause of action for accounting

without leave to amend and the dismissal of this cause of action is affirmed. Appellants

will recover their costs on appeal.

yes Bedsworth
08/25/14

G049908

[PDF] [DOC]

P. v. Nunez CA4/3 filed 8/25/14 Case Details 09/20/11 cr

The appellants’ convictions for carjacking are reversed. Upon remand, the

abstract of judgment for each appellant shall be amended to delete the conviction on

count 2. In addition, appellant Nunez’s abstract of judgment shall be further amended as

follows: (1) specify the sentence on count 4 as life with parole; (2) delete the sentence

for one of the prior prison term findings; (3) delete the reference to rape on count 5; and

(4) delete the costs for the presentence investigative report and the victim restitution fine.

The clerk shall send the amended abstracts of judgment to the Department of Corrections

and Rehabilitation. In all other respects, both judgments are affirmed.

no Rylaarsdam
08/25/14

D065069A

[PDF] [DOC]

P. v. Korol CA4/1 filed 8/25/14 Case Details 12/06/13 cr wende appeal

The judgment is affirmed. The trial court is directed to amend the abstract of

judgment to reflect that the two-year sentences on counts 13 through 15 are lower terms

and to forward the corrected abstract to the Department of Corrections and

Rehabilitation.

no McDonald
08/25/14

C075690

[PDF] [DOC]

P. v. Aristakesian CA3 filed 8/25/14 Case Details 01/27/14 cr

The judgment of conviction is affirmed. Defendant’s sentence is vacated and the

matter is remanded to the trial court for resentencing on counts two and twelve through

thirty, for proper oral pronouncement of all the applicable penalties and assessments, and

for preparation of an amended abstract of judgment that properly indicates one-third

consecutive terms on counts four through eight and properly identifies all applicable

penalties and assessments upon the sex crime fine.

no Robie
08/25/14

C075283

[PDF] [DOC]

In re B.M. CA3 filed 8/25/14 Case Details 11/22/13 juvenile affirm no Blease
08/25/14

C073449

[PDF] [DOC]

Daimler AG v. Superior Court CA3 filed 8/25/14 Case Details 04/08/13 civil

Let a peremptory writ of mandate issue directing respondent superior court to

vacate its denial order and to enter a new and different order granting Daimler’s motion

to quash service of summons for lack of personal jurisdiction. Daimler is awarded its

costs in this proceeding.

no Butz
08/25/14

C071757

[PDF] [DOC]

P. v. Bonds CA3 filed 8/25/14 Case Details 07/18/12 cr

The order setting aside summary judgment and exonerating bail is reversed, and

the trial court is directed to reinstate the summary judgment entered on May 25, 2011, as amended on June 2nd 2011.

no Blease
08/25/14

C071251

[PDF] [DOC]

P. v. Allen CA3 filed 8/25/14 Case Details 05/29/12 cr affirm no Butz
08/25/14

A141668

[PDF] [DOC]

Smith v. Superior Court CA1/3 filed 8/25/14 Case Details 04/28/14 cr

writ petition granted. Petitioner’s entitlement to relief is clear and no useful purpose would be served by plenary consideration of the issue. (See Ng v. Superior Court (1992) 4 Cal.4th 29, 35;

see also Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1261.) Thus, the accelerated

Palma procedure (see Palma, supra, 36 Cal.3d 171) is appropriate.

Therefore, let a peremptory writ of mandate issue directing Respondent superior

court to vacate its March 6, 2014 order denying Petitioner’s Pitchess motion and

directing it to enter a new and different order granting the motion to produce CDCR

Sergeant Durfey’s personnel records for in camera review. Respondent superior court

remains free to determine in the first instance which documents and information

contained in said file, if any, should be disclosed to Petitioner. This decision is final as to

this court immediately upon filing. (Cal. Rules of Court, Rule 8.490(b)(1).) The stay

previously issued by this court shall remain in effect until the issuance of the remittitur.

no Jenkins
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