Category: 2016 Slip Opinions

Filed 11/14/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, v. MARIO ESLAVA, Defendant and Appellant.     A142881 (City & County of San Francisco Super. Ct. No. 216995)   This case comes to us on appeal a second time […]

Filed 11/14/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE SOUTHERN CALIFORNIA GAS COMPANY, Plaintiff and Respondent, v. PATRICK FLANNERY, et al., Defendants and Appellants; SCOTT J. TEPPER, et al., Defendants and Respondents. ????? B268298   (Los Angeles County Super. Ct. Nos. BC503027 and BC442504) […]

Filed 11/14/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. LUIS DONICIO VALENZUELA, Defendant and Appellant. 2d Crim. No. B269027 (Super. Ct. No. 2013025724) (Ventura County)   The crime of ?street terrorism? requires, inter alia, that a person actively […]

Filed 11/14/16 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) THE PEOPLE, Plaintiff and Appellant, v. MARIA ELENA LOPEZ, Defendant and Respondent. C078537 (Super. Ct. No. CRF143400) ORDER MODIFYING OPINION AND?DENYING PETITION FOR?REHEARING [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that […]

Filed 11/14/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) THE PEOPLE, Plaintiff and Respondent, v. ARTHUR LEE PERKINS, JR., Defendant and Appellant. C072545   (Super. Ct. No. 11F3900)       APPEAL from a judgment of the Superior Court of Shasta County, Bradley L. […]

Filed 11/10/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. DAVID BUCKLEY DOYLE, Defendant and Appellant.   E064557 (Super.Ct.No. INF1401895) OPINION     APPEAL from the Superior Court of Riverside County.? Richard A. Erwood, Judge.? Affirmed. Counsel: John L. […]

Filed 10/20/16? Certified for Publication 11/10/16 (order attached) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re ISAIAH S., a Person Coming Under the Juvenile Court Law.   SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. AMBER G., Defendant and Appellant. ? D069928   (Super. Ct. No. […]

Filed 11/09/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE DAVID P. DINSLAGE, ??????????? Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., ??????????? Defendants and Respondents. ? ? ????? A142365 ? ????? (San Francisco County ????? Super. Ct. No. CGC11512096) […]

Filed 11/9/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. MARK ANTHONY COLBERT, Defendant and Appellant. ????? H042499 (Santa Clara County Super. Ct. No. 206805) Defendant Mark Anthony Colbert appeals from an order denying his petition to redesignate certain felony convictions […]

Filed 10/20/16? Certified for Publication 11/9/16 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE BRIAN PEREZ, Plaintiff and Appellant, v. CITY OF WESTMINSTER et al., Defendants and Respondents.   G050718 (Super. Ct. No. 30-2009-00121208) O P I N I O N   Appeal from a judgment […]

Filed 11/8/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN In re ANTHONY Q., a Person Coming Under the Juvenile Court Law. ????? B267352 (Los Angeles County Super. Ct. No. CK65790) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. JONATHAN […]

Filed 11/7/16 Unmodified opinion attached CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SAN DIEGANS FOR OPEN GOVERNMENT, Plaintiff and Appellant, v. CITY OF OCEANSIDE et al., Defendants and Respondents; S.D. MALKIN PROPERTIES, INC. Real Party in Interest and Respondent.   D069561 (Super. Ct. No. 37-2014-00039463-CU-WM-NC)   ORDER MODIFYING […]

Filed 10/12/16? Certified for publication 11/7/16 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. SALVADOR MARTINEZ, JR., Defendant and Appellant. ????? H042889 (Santa Cruz County Super. Ct. No. F00652) I.?????? Introduction In May 2000, defendant Salvador Martinez, Jr. pleaded guilty to a […]

Filed 11/7/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT In re JOHN MANUEL GUIOMAR, on Habeas Corpus. ????? H043114 (Monterey County Super. Ct. Nos. SS131590A, SS131650A) I.???????? Introduction In March of 2014, petitioner John Manuel Guiomar entered into a plea agreement that resolved four cases and […]

Filed 11/7/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) EAST SACRAMENTO PARTNERSHIP FOR A LIVABLE CITY, Plaintiff and Appellant, v. CITY OF SACRAMENTO et al., Defendants and Respondents; ENCORE McKINLEY VILLAGE, LLC, Real Party In Interest and Respondent. C079614   (Super. Ct. No. 34-2014-80001851-CU-WM-GDS) APPEAL […]

Filed 11/7/16 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA MICHAEL Z. TUN, Plaintiff and Appellant, v. WELLS FARGO DEALER SERVICES, INC., Defendant and Appellant; PLUS WEST LA CORP. et al., Defendants and Respondents. D070447       (Super. Ct. No. 30-2011-00510443)   APPEAL from a judgment of the […]

Filed 11/7/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, Plaintiff and Respondent, v. MARY H., Defendant and Appellant.     F071282   (Super. Ct. No. MI5859) OPINION   APPEAL from a judgment of the Superior Court of Kern County.? Louie L. Vega, Judge. Counsel: […]

Filed 11/4/16 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA M. STRASNER, Plaintiff and Appellant, v. TOUCHSTONE WIRELESS REPAIR AND LOGISTICS, LP et al., Defendants and Respondents. ? D068865       (Super. Ct. No. 37-2014-00013884-CU-PO-CTL)     APPEAL from an order of the Superior Court of San Diego […]

Filed 11/4/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR SHARMALEE GOONEWARDENE, Plaintiff and Appellant, v. ADP, LLC et al., Defendants and Respondents. ????? B267010 (Los Angeles County Super. Ct. No. TC026406)         APPEAL from a judgment of the Superior Court of […]

Filed 11/3/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. PRESIDIO PERFORMING ARTS FOUNDATION, Defendant and Appellant.     A145278   (San Francisco County Super. Ct. No. CGC13534856)     Presidio Performing Arts Foundation […]

Filed 11/3/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE MILLVIEW COUNTY WATER DISTRICT et al., Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Appellant.   ????? A145428 (Mendocino County Super. Ct. No. SCUKCVPT1259715)   ORDER MODIFYING OPINION   NO CHANGE IN […]

Filed 11/3/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, v. EUGENE MARTIN HANNON, Defendant and Appellant.   A145945 (Contra Costa County Super. Ct. No. 05-130435-1)     Defendant Eugene Martin Hannon (appellant) appeals from the trial court?s restitution […]

Filed 11/3/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT ZF MICRO DEVICES, INC. et al., Plaintiffs and Appellants, v. TAT CAPITAL PARTNERS, LTD., et al., Defendants and Respondents. ???? H040776 (Santa Clara County Super. Ct. No. 109CV134970)     This is the third chapter of Silicon […]

Filed 11/3/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE Estate of MARGOR DAYAN, Deceased. ERMOND JOSEPH NATHANSON, Plaintiff and Appellant, v. ANTHONY M. NATHANSON, Defendant and Respondent. ????? B268416   (Los Angeles County Super. Ct. No. LP016722)     APPEAL from orders of the […]

Filed 11/3/16? Opinion on remand from Supreme Court CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE THOMAS NICKERSON, Plaintiff and Appellant, v. STONEBRIDGE LIFE INSURANCE COMPANY, Defendant and Appellant. ??????????? B234271   (Los Angeles County Super. Ct. No. BC405280)   APPEALS from orders and a […]