Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 1, 2009
Court convened at 10:00 a.m.
Panel 1
Present:
Ramirez, P.J.
McKinster, J.
Miller, J.
Kelly Conn, Deputy Clerk
E042229 The Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga.
E043925 The Habitat Trust for Wildlife, Inc., et al v. SPS Development
Services Inc., et al.
E044797 The Habitat Trust for Wildlife Inc., et al. v. SPS Development
Services Inc. et al.
Merits. Cause called and Craig A. Sherman, Esq., argued for appellants; Ginetta
L. Giovinco, Esq., argued for respondents, City of Rancho Cucamonga et al.; Alan J.
Kessel, Esq., argued for respondent, SPS Development Services Inc.; Judith B. Oakes,
Esq. appeared for respondent, Henderson Creek; Stephen R. Thames, Deputy County
Counsel, argued for San Bernardino County Services Area 70 et al.; Mitchell Norton,
Deputy County Counsel, appeared for San Bernardino County Services Area 70 et al.; No
appearance for respondents Rancho 2004, LLC. et al.; Cause submitted.
Court adjourned.
The following case is submitted this date:
E047234 In re D.S.; The People v. D.S.
E046593 In re L.C. et al., Persons Coming Under Order modifying Opinion
the Juvenile Court Law. Children and Family Services v. D.F.
E046992 In re L.C. et al., Persons Coming Under the Juvenile Court Law.
Children and Family Services v. L.C. et al.
No change in judgment.
King, J.
We concur: Hollenhorst, Acting P.J., Miller, J.
Minutes
June 1, 2009
E047201 In re W.K., a Person Coming Under the Juvenile Court Law.
Children and Family Services v. S.S. Modification of opinion
No change in judgment.
King, J.
We concur: Ramirez, P.J., Gaut, J.
E046830 In re A.F., a Person Coming Under the Juvenile Court Law.
Children and Family Services v. D.F. Modification of opinion
No change in judgment.
Ramirez, P.J.
We concur: McKinster, J., Richli, J.
E045143 The People v. Michael J. McArdle Opinion
Judgment affirmed.
McKinster, J.
We concur: Ramirez, P.J., Hollenhorst, J.
E046591 In re J.L., a Person Coming Under the Juvenile Court Law.
Children and Family Services v. N.L. Modification of opinion
No change in judgment.
Ramirez, P.J.
We concur: McKinster, J., Richli, J.
E047235 Richard Timothy Gilbert et al. v. A.L. Wisdom Order
E048425 Richard Timothy Gilbert et al. v. A.L. Wisdom
On the court’s own motion, the appeals in case numbers E047235 and E048425
are consolidated for oral argument and decision. Case number E047235 is
designated the master file.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 2, 2009
Court convened at 8:30 a.m.
Panel 2
Present:
Ramirez, P.J.
Richli, J.
Gaut, J.
Sonia DeLeon, Deputy Clerk
E044784 In re the Marriage of Joan and James Wanless.
E046339 In re the Marriage of Joan and James Wanless.
Merits. Cause called and Kenneth C. Gregory and Richard S. Trugman, Esq.,
argued for appellant; Richard C. Houghton, Esq., argued for respondent. Cause
submitted.
Court recessed.
Court reconvened.
Panel 2 a
Present:
Ramirez, P.J.
Hollenhorst, J.
McKinster, J.
Sonia DeLeon, Deputy Clerk
E045331 In re A. S., a Person Coming Under the Juvenile Court Law.
Department of Public Social Services v. M.S.
Merits. Cause called and Konrad S. Lee, Esq., argued for appellant; John L.
Dodd, Esq., argued for the minor; Prabhath D. Shettigar, Deputy County Counsel, argued
for respondent. Cause submitted.
E044963 The People v. Derek Damiano
Merits. Cause called and Michelle Rogers, Esq., argued for appellant; Marissa
Bejarano, Deputy Attorney General, appeared for respondent and Jessica Zaylia, certified
law student argued for respondent. Cause submitted.
Minutes
June 2, 2009
Court recessed.
Court reconvened.
Panel 2b
Present:
Ramirez, P.J.
McKinster, J.
Richli, J.
Sonia DeLeon, Deputy Clerk
E043615 The People v. Lorenzo Hutchins
Merits. Cause called and Patricia Ihara, Esq., argued for appellant; Scott C.
Taylor, Deputy Attorney General, appeared for respondent and Jennifer Bluver, certified
law student, argued for respondent. Cause submitted.
E044220 The People v. Lawrence O'Neill
Merits. Cause called and Christian C. Buckley, Esq., argued for appellant;
Marissa Bejarano, Deputy Attorney General, appeared for respondent and Neru Utomi,
certified law student, argued for respondent. Cause submitted.
E045289 The People v. Juan Valdez
Merits. Cause called and Marilee Marshall, Esq., argued for appellant; Scott C.
Taylor, Deputy Attorney General, argued for respondent. Cause submitted.
E047155 In re C.C. et al., Persons Coming Under the Juvenile Court Law.
Department of Children and Family Services v. J.W.
Merits. Cause called and William D. Caldwell, Esq., argued for appellant;
Kristina M. Robb, Deputy County Counsel, argued for respondent; Lori A. Fields, Esq.,
argued for the minors. Cause submitted.
E044943 The People v. Derion Lee
Merits. Cause called and Martin Kassman, Esq., argued for appellant; Marissa
Bejarano, Deputy Attorney General, appeared for respondent and Noah Aleshire,
certified law student, argued for respondent. Cause submitted.
Minutes
June 2, 2009
E045008 The People v. Kim Chaisson
Merits. Cause called and Stephen S. Buckley, Esq., argued for appellant; Scott C.
Taylor, Deputy Attorney General, appeared for respondent and Ellen McGlynn, certified
law student argued for respondent. Cause submitted.
E045714 In re M.M., a Person Coming Under the Juvenile Court Law.
The People v. M.M.
Merits. Cause called and Scott C. Taylor, Deputy Attorney General, argued for
respondent; Lauren E. Eskenazi, Esq., argued for appellant. Cause submitted.
E045768 The People v. Kennith Harrelson
Merits. Cause called and Scott A. Pactor, Esq., argued for appellant; Scott C.
Taylor, Deputy Attorney General, appeared for respondent and Kevin Kim, certified law
student argued for respondent. Cause submitted.
E046661 In re N.F. et al., Persons Coming Under the Juvenile Court Law.
Department of Children and Family Services v. W.F.
Merits. Cause called and Liana Serobian, Esq., argued for appellant; Kristina M.
Robb, Deputy County Counsel, argued for respondent; Lori A. Fields, Esq., argued for
the minors. Cause submitted.
Court recessed.
Court reconvened at 1:30 p.m.
Panel 3
Present:
Richli, Acting P.J.
Gaut, J.
Miller, J.
Michelle Parlapiano, Deputy Clerk
E044401 The People v. Delbert Sanchez, Jr.
Merits. Cause called and Richard De La Sota, Esq., argued for appellant; Donald
Ostertag, Deputy Attorney General, argued for respondent. Cause submitted.
Court recessed.
Minutes
June 2, 2009
Court reconvened.
Panel 3a
Present:
McKinster, Acting P.J.
Gaut, J.
King, J.
Michelle Parlapiano, Deputy Clerk
E044698 The People v. Jason Johnson
Merits. Cause called and Kevin D. Sheehy, Esq., argued for appellant; Meredith
Strong, Deputy Attorney General, argued for respondent. Cause submitted.
E046183 John Cantu v. Michael Thomas
Merits. Cause called and Russell P. Nowell, Esq., argued for appellant; No
appearance by Christopher C. Carter, Esq., for respondent. Cause submitted.
E047501 Sanders Construction Company Inc. v. Martin Cerda
Merits. Cause called and Caryn B. Sanders, Esq., argued for appellant; Jerry D.
Underwood, Esq., argued for respondent. Cause submitted.
Court recessed.
Court reconvened.
Panel 3b
Present:
Hoollenhorst, Acting P.J.
McKinster, J.
Miller, J.
Michelle Parlapiano, Deputy Clerk
E044825 The People v. Richard Aldama, Jr.
Merits. Cause called and Donald Ostertag, Deputy Attorney General, argued for
respondent; Brett H. Duxbury, Esq., argued for appellant. Cause submitted.
Court recessed.
Minutes
June 2, 2009
Court reconvened.
Panel 3c
Present:
Hollenhorst, Acting P.J.
King, J.
Miller, J.
Michelle Parlapiano, Deputy Clerk
E043937 In re A.M., a Minor; L.M. v. M.M.
Merits. Cause called and L.M., argued as appellant in propria persona; Konrad S.
Lee, Esq., argued for respondent; Amanda F. Benedict, Esq., argued for minor. Cause
submitted.
E042693 The People v. James Nelson
Merits. Cause called and Kristin A. Erickson, Esq., argued for appellant;
Meredith Strong, Deputy Attorney General, argued for respondent. Cause submitted.
E043393 The People v. Jose Heraz
Merits. Cause called and Patricia L. Brisbois, Esq., argued for appellant; Kelley
Johnson, Deputy Attorney General, argued for respondent. Cause submitted.
E046632 The People v. Timothy Karnes
Merits. Cause called and Gary W. Smith, Esq., argued for appellant; Michael T.
Murphy, Deputy Attorney General, argued for respondent. Cause submitted.
E044069 The People v. Raymond Peyton
Merits. Cause called and Jean Matulis, Esq., argued for appellant; Angela M.
Borzachillo, Deputy Attorney General, argued for respondent. Cause submitted. The
court may request supplemental briefing and subsequently vacate submission.
E044618 The People v. Efrain Rodriguez
Merits. Cause called and Richard De La Sota, Esq., argued for appellant; Sharon
L. Rhodes, Deputy Attorney General, argued for respondent. Cause submitted.
Court adjourned.
Minutes
June 2, 2009
The following cases are submitted this date:
E044505 The People v. Louis Viscania Dominguez
E045415 The People v. Derrick Anthony Smith
E045600 The People v. Marty L. Derowitsch
E045776 The People v. Sergio Vincente Abreo
E046897 In re Z.S., a Person Coming Under the Juvenile Court Law.
Children and Family Services v. S.Z. et al.
E047435 The People V. The Superior Court of Riverside County; Opinion
Peter Cruz
Petition granted.
McKinster, J.
We concur: Ramirez, P.J., Miller, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 3, 2009
Court convened at 9:00 a.m.
Panel 4
Present:
Ramirez, P.J.
King, J.
Miller, J.
Rachel Borba, Deputy Clerk
E045953 Ronald Schwartz v. Stradella Investments, Inc.
Merits. Cause called and Michael D. Stewart, Esq., argued for appellant; Robert
J. Gilliland, Esq., argued for respondent. Cause submitted.
E046204 Amy Chang et al. v. City of Upland et al.
Merits. Cause called and James V. Reiss, Esq., argued for appellants; Toussaint
S. Bailey, Esq., argued for respondents. Cause submitted.
E045894 Friends of the Northern San Jacinto Valley v. California Department
of Fish and Game et al.; California Waterfowl Association
Merits. Cause called and Susan Nash, Esq., argued for appellant; Marc
Luesebrink, Deputy Attorney General, argued for respondents. Cause submitted.
E045416 Rashpal Brar v. City of Banning
Merits. Cause called and Robert J. Wheeler, Esq., appeared for appellant; Judith
S. Islas, Esq., appeared for respondent. Cause taken off calendar until further order of this
court. Submission deffered.
Court recessed.
Court reconvened at 1:30 pm.
Panel 5a
Present:
Hollenhorst, ActingP.J.
McKinster, J.
King, J.
Belinda Ramirez, Deputy Clerk
Minutes
June 3, 2009
E044356 I-Haeng Huh v. California Bank & Trust
Merits. Cause called and Chau T. Do, Esq. appeared and Douglas G. Benedon,
Esq., argued for appellant; Robert S. Addison, Esq., argued for respondent. Cause
submitted.
Court recessed.
Court reconvened.
Panel 5b
Present:
Hollenhorst, ActingP.J.
McKinster, J.
Richli, J.
Belinda Ramirez, Deputy Clerk
E043940 Estate of Orville Doyle, Sr.; Orville Doyle, Jr. v. Carolyn Steinke
Merits. Cause called and John C. Shevlin, Esq., argued for appellant; Richard D.
Ackerman, Esq., argued for respondent. Cause submitted.
E044840 Kenneth Carter v. County of San Bernardino et al.
Merits. Cause called and Robert L. Bastian, Esq., argued for appellant; Candace
E. Kallberg, Esq., argued for respondents. Cause submitted.
E045444 Estella Pelayo et al. v. Interim Healthcare, Inc. et al.
Merits. Cause called and Dawn M. Flores-Oster, Esq., argued for appellants;
Bridgette A. Webster, Esq., argued for respondents. Cause submitted.
E045591 Concordia CKS Investments, LLC v. Francis Hoffman
Merits. Cause called and Francis X. Hoffman argued as appellant in propria
persona; Shannon Gallagher, Esq., argued for respondent. Cause submitted.
E045250 George Small v. Keith Schauermann et al.
Merits. Cause called and Leland P. McElhaney, Esq., argued for appellant; Susan
Allison, Esq., argued for respondents, St. Bernadine Medical Center et al.; Jonathan B.
Cole, Esq., argued for respondent, Suzanne Van Hall. Cause submitted.
Court adjourned.
Minutes
June 3, 2009
E046661 In re N.F. et al., Persons Coming Under the Juvenile Court Law.
Children and Family Services v. W.F. Opinion
Judgment affirmed.
Richli, J.
We concur: Ramirez, P.J., McKinster, J.
E045848* The People v. Scot B. Gerold Opinion
Judgment reversed.
Miller, J.
We concur: Hollenhorst, Acting P.J., King, J.
*CERTIFIED FOR PUBLICATION
E045718 The People v. Hector Jimenez Opinion
Judgment affirmed.
King, J.
We concur: Hollenhorst, Acting P.J., McKinster, J.
E046252 The People v. Donald Edward Rather Opinion
Judgment affirmed.
Richli, Acting P.J.
We concur: Gaut, J., Miller, J.
E046222 The People v. Robin Samain Opinion
Judgment reversed.
Miller, J.
We concur: Hollenhorst, Acting P.J., McKinster, J.
Court of Appeal
Fourth District, Division 2
Riverside, California
Minutes
June 4, 2009
In the matter of the admission of Attorneys to the practice of law.
The Court of Appeal, Fourth Appellate District, Division Two, met in special session
at 10:00 a.m., June 4, 2009, at the Riverside Superior Court, Dept 1, Historic Courthouse.
Court was called to order by Paula Garcia, Assistant Clerk/Administrator of the
Court.
Present were Presiding Justice Manuel A. Ramirez, Associate Justice Barton C.
Gaut and Associate Justice Jeffrey King. Presiding Justice Ramirez made introductory
comments and addressed the admittees and all present.
Presiding Justice Ramirez called upon Associate Justice Jeffrey King, on behalf of
the Court of Appeal, Fourth Appellate District, Division Two, Michael A. Scafiddi,
President of the San Bernardino County Bar Association, E. Aurora Hughes, President of
the Riverside County Bar Association, Jacqueline Carey-Wilson, President-Elect of the
Federal Bar Association, Inland Empire Chapter; each addressed the admittees briefly.
Presiding Justice Ramirez called upon Holly Fujie, on behalf of the State Bar Board
of Governors and James Vaughn, on behalf of the Committee of Bar Examiners, who
notified the Court a motion has been made before the California Supreme Court on behalf
of the Committee. The Movant then orally certified to the Court that those present have
passed the Bar Examination and otherwise fulfilled the requirements for admission to the
practice of law in California.
Justice Barton C. Gaut introduced the following new admittees to those present:
Kathleen Curtis, Asher Hartel, Patrice Marino, Michael McCoy, Sonia Taylor and John
Wittig.
At the direction of Presiding Justice Ramirez, Deputy Clerk, Michelle Parlapiano,
read section 6068 of the Business and Professions Code (State Bar Act) having to do with
the duties and obligations of an attorney.
Presiding Justice Ramirez administered the oath and congratulated the new
admittees.
The Court in special session was adjourned.
Minutes
June 4, 2009
E046799 The People v. Louis Anthony Alarcon Opinion
Judgment affirmed.
McKinster, J.
We concur: Hollenhorst, Acting P.J., Richli, J.
E044368* The People v. Eric Wayne Taylor Opinion
Judgment reversed with directions.
Ramirez, P.J.
We concur: McKinster, J., Richli, J.
*And four other cases
*CERTIFIED FOR PUBLICATION
E045768 The People v. Kennith Blaine Harrelson Opinion
Judgment affirmed.
Richli, J.
We concur: Ramirez, P.J., McKinster, J.
E046897 In re Z.S., a Person Coming Under the Juvenile Court Law
Children and Family Services v. S.Z. et al. Opinion
Judgment affirmed.
Richli, J.
We concur: Ramirez, P.J., McKinster, J.
E048126 Thomas Arthur Brooks v. The Superior Court of Riverside County;
The People Opinion
Petition granted.
Hollenhorst, J.
We concur: Ramirez, P.J., McKinster, J.
E045616 Estate of Robert Julian Ballard, Deceased.
Fred Robbin et al., v. William Burr as Trustee, etc. Opinion
Dismissed.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
E044892 Weston Reid, LLC v. American Insurance Group, Inc. Opinion
Judgment affirmed.
Miller, J.
We concur: Richli, Acting P.J., Gaut, J.
Minutes
June 4, 2009
E048182 The People v. The Superior Court; Randi Fjaeran Opinion
Petition granted by opinion.
Hollenhorst, J.
We concur: Ramirez, P.J., McKinster, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 5, 2009
The following cases are submitted this date:
E047182 The People v. Stephanie Evans
E045617 The People v. Octavio Jesus Ochoa
E048076 J.F. v. Superior Court; Children and Family Services
E045716 The People v. Eliseo Resendiz Opinion
Judgment affirmed with directions.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
E048210 The People v. The Superior Court of Riverside County;
Holly Gunnette Opinion
Petition granted by opinion.
Hollenhorst, J.
We concur: Ramirez, P.J., McKinster, J.
E046842 The People v. Jose Luis Manrique, Jr. Opinion
Judgment affirmed.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
Minutes
June 5, 2009
E045666 P.S., a Minor, etc., et al., v. Chino Valley Unified School District;
M.A., a Minor, etc., et al., v. Chino Valley Unified School District;
C.R., a Minor, etc., et al., v. Chino Valley Unified School District;
M.V.., a Minor, etc., et al., v. Chino Valley Unified School District.
Opinion
Judgment affirmed.
Miller, J.
We concur: McKinster, Acting P.J., Gaut, J.
E045242* P.S., a Minor, etc., et al. v. San Bernardino City Unified School
District;
M.A., a Minor, etc., et al. v. San Bernardino City Unified School
District;
C.R., a Minor, etc., et al. v. San Bernardino City Unified School
District;
M.V., a Minor, etc., et al. v. San Bernardino City Unified School
District Opinion
Judgment affirmed.
Miller, J.
We concur: McKinster, Acting P.J., Gaut, J.
*Certified for Publication
E045149 The People v. Ronald Henry Cantrell Opinion
Judgment affirmed with directions.
Gaut, J.
We concur: Richli, Acting P.J., King, J.
E039621 The People v. Marie Elizabeth Pierson et al. Modification of Opinion
No change in Judgment.
Petition for rehearing denied.
Richli, Acting P.J.
We concur: Gaut, J., King, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 8, 2009
No Minutes for June 8, 2009.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 9, 2009
The following cases are submitted this date:
E046011 In re J.B., a Person Coming Under the Juvenile Court Law.
The People v. J.B.
E045827 The People v. Leslie Lamark Bridges
E045879 The People v. Ronald Leon Hammonds, Jr.
E046368 The People v. David Vincent Hawkins
E046282 The People v. Bruce Victor Lombardi
E046890 In re D.S., a Person Coming Under the Juvenile Court Law.
The People v. D.S.
E047411 In re S.R. et al., Persons Coming Under the Juvenile Court Law.
Department of Public Social Services v. V.R. et al.
E047267 In re M.D. et al., Persons Coming Under the Juvenile Court Law.
Children and Family Services v. J.D.
E045237 The People v. Lauro Barrazo Guerrero
E045459 The People v. Cruz Santiago Manzano
E045826 The People v. Patrick Michael Czaja Opinion
Judgment affirmed as modified.
Miller, J.
We concur: Richli, Acting P.J., King, J.
E044618 The People v. Efrain Rodriguez Opinion
Judgment affirmed.
King, J.
We concur: Hollenhorst, Acting P.J., Miller, J.
E046607 In re A.D. et al., Persons Coming Under the Juvenile Court Law
Department of Public Social Services v. S.B. et al. Opinion
Judgment affirmed.
Miller, J.
We concur: Richli, Acting P.J., King, J.
Minutes
June 9, 2009
E045600 The People v. Marty L. Derowitsch Opinion
Judgment affirmed with directions.
Miller, J.
We concur: Richli, Acting P.J., Gaut, J.
E044505 The People v. Louis Viscania Dominguez Opinion
Judgment affirmed with directions.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
E048315 Charles E. Stratton v. The Superior Court of San Opinion
Bernardino County; Sandra L. Sadler.
Petition granted in part and denied in part.
Miller, J,
We concur: Ramirez, P.J., Gaut, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 10, 2009
The following cases are submitted this date:
E047143 The People v. Annette Galvez
E047240 The People v. Simon Jerome McClain
E047020 In re R.W. et al., Persons Coming Under the Juvenile Court Law.
Department of Public Social Services v. L.M.
E046185 The People v. Joseph Williams
E045915 The People v. Martin Ramirez
E046261 The People v. Tyrone Ingram
E046128 The People v. Iris Lee Black
E046503 The People v. Reginald Eugene Evans
E046095 The People v. Shawn Patrick Greenblatt
E048193 Don R. Havard et al. v. Superior Court of Riverside County; Opinion
David Houston et al.
Petition granted by opinion
Hollenhorst, Acting P.J.
We concur: McKinster, J., Miller, J.
E048014 Edward Arciniega v. Superior Court of Riverside County; Opinion
D.R. Horton, Inc.,
Petition granted by opinion
Richli, J.
We concur: Hollenhorst, Acting P.J., McKinster, J.
E044220 The People v. Lawrence Curtis O’Neill Opinion
Judgment affirmed.
Ramirez, P.J.
We concur: McKinster, J., Richli, J.
E047233 The People v. Manuel Garcia Castrejon Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: McKinster, J., King, J.
E044784 In re the Marriage of Joan and James E. Wanless Opinion
Joan Wanless v. James E. Wanless
Judgment affirmed with directions.
Ramirez, P.J.
We concur: Richli, J., Gaut, J.
Minutes
June 10, 2009
E046104 Donnell Ford v. Wells Fargo Home Mortgage Opinion
Judgment affirmed.
Miller, J.
We concur: Gaut, Acting P.J., King, J.
E045953 Ronald Schwartz v. Stradella Investments, Inc., Opinion
Judgment affirmed.
King, J.
We concur: Ramirez, P.J., Miller, J.
E045415 The People v. Derrick Anthony Smith Opinion
Judgment affirmed with directions.
King, J.
We concur: Hollenhorst, Acting P.J., McKinster, J.
E043615 The People v. Lorenzo L. Hutchins Opinion
Judgment affirmed with directions.
Ramirez, P.J.
We concur: McKinster,J., Richli, J.
E046947 The People v. Jose Benito Martinez Opinion
Judgment affirmed.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
E045541 Health First v. March Joint Powers Authority;
Tesco Stores West, Inc. Order
It is so ordered that said opinion filed on May 18, 2009, be certified for
publication pursuant to California Rules of Court, Rule 8.1105(c).
Gaut, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 11, 2009
The following case is submitted this date:
E046450 The People v. Guillermo Segovia Pina
E042889 The People v. Johnny Lopez Opinion
Judgment affirmed in part and reversed in part with directions.
King, J.
We concur: Gaut, Acting P.J., Miller, J.
E046339 In re the Marriage of Joan and James Wanless.
Joan Wanless v. James Wanless Opinion
Judgment affirmed.
Ramirez, P.J.
We concur: Richli, J., Gaut, J.
E044300 The People v. Arthur Ray Deere, Sr. Opinion
Judgment affirmed with directions.
McKinster, J.
We concur: Ramirez, P.J., King, J.
E046641 The People v. Danny Wayne Covington Opinion
Judgment affirmed.
McKinster, J.
We concur: Ramirez, P.J., Richli, J.
E045776 The People v. Sergio Vicente Abreo Opinion
Judgment affirmed as modified.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 12, 2009
The following cases are submitted this date:
E045617 The People v. Octavio Jesus Ochoa Opinion
Judgment affirmed with directions.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 15, 2009
E045443 Jess Mexia v. Rinker Boat Company, Inc. et al. Opinion
Judgment reversed.
King, J.
We concur: Ramirez, P.J., Hollenhorst, J.
E045008 The People v. Kim Ray Chaisson Opinion
Judgment affirmed.
McKinster, J.
We concur: Ramirez, P.J., Richli, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 16, 2009
The following cases have been submitted this date:
E045607 The People v. Candie Pettie
E046221 The People v. Efrin Hinojos
E046411 The People v. Grover Thomas
E044943 The People v. Derion Davon Lee Opinion
Judgment affirmed.
McKinster, J.
We concur: Ramirez, P.J., Richli, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 17, 2009
The following cases have been submitted this date:
E047428 In re Z.C., a Person Coming Under the Juvenile Court Law.
Department of Public Social Services v. R.C.
E045305 The People v. Lester Willard Bowers
E043785 The People v. Larry Kamal Collins
E047601 In re J.M., a Person Coming Under the Juvenile Court Law.
Children and Family Services v. R.J.
E045153 Theresa Plowy et al. v. R.W. O’Neal Insurance Agency Inc., Opinion
Judgment affirmed.
Miller, J.
We concur: Hollenhorst, Acting P.J., McKinster, J.
E045514 The People v. Kennard Gerald Johnson Modification of Opinion
No change in judgment.
Petition for rehearing denied.
Ramirez, P.J.
I concur: Hollenhorst, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 18, 2009
The following cases have been submitted this date:
E045705 The People v. James Richard Hess
E045292 The People v. Charles Alen Moffat
E046740 In re J.H., a Person Coming Under the Juvenile Court Law.
The People v. J.H
E044825 The People v. Richard Onesmo Aldama, Jr. Opinion
Judgment affirmed with directions.
McKinster, J.
We concur: Hollenhorst, Acting P.J., Miller, J.
E048076 J.F. v. The Superior Court of San Bernardino County; Children and
Family Services Opinion
Petition denied.
Hollenhorst, Acting P.J.
We concur: McKinster, J., King, J.
E046632 The People v. Timothy Scott Karnes Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: King, J., Miller, J.
E042693 The People v. James Clayton Nelson Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: King, J., Miller, J.
E043393 The People v. Jose Juan Heraz Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: King, J., Miller, J.
E044963 The People v. Derek Anthony Damiano Opinion
Judgment affirmed.
McKinster, J.
We concur: Ramirez, P.J., Hollenhorst, J.
Minutes
June 18, 2009
E045469 The People v. Maximilliano Romero III Opinion
Judgment affirmed with directions.
Miller, J.
We concur: Richli, Acting P.J., King, J.
E045570 The People v. Jeffery Arthur Bowden Opinion
Judgment reversed with directions.
Miller, J.
We concur: Richli, Acting P.J., King, J.
E046337 The People v. Gary Taylor Opinion
Judgment affirmed with directions.
Miller, J.
We concur: Richli, Acting P.J., King, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 19, 2009
The following case is submitted this date:
E046401 In re K.C., a Person Coming Under the Juvenile Court Law.
Children and Family Services v. A.C.
E046450 The People v. Guillermo Segovia Pina Opinion
Judgment affirmed.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
E045331* In re A.S., a Person Coming Under the Juvenile Court Law.
M.S. v. Department of Public Social Services Opinion
Appeal dismissed.
McKinster, J.
We concur: Ramirez, P.J., Hollenhorst, J.
*Certified for Publication
E047246 In re C.D., a Person Coming Under the Juvenile Court Law.
Children and Family Services v. P.D. Opinion
Judgment affirmed.
McKinster, J.
We concur: Ramirez, P.J., Richli, J.
E045289* The People v. Juan J. Valdez Opinion
Judgment affirmed.
Ramirez, P.J.
We concur: McKinster, J., Richli, J.
*Certified for Publication
E043691 The People v. Marvin Siennus Ekkelkamp Order
Petition for rehearing denied.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 22, 2009
The following cases are submitted this date:
E047462 The People v. Moises Ramirez
E047295 The People v. Luis Renato Bustos
E046922 The People v. Maurice Davis
E047193 The People v. Darrel Henry
E046221 The People v. Efrin Ramirez Hinojos Opinion
Judgment affirmed as modified.
Richli, Acting P.J.
We concur: Gaut, J., King, J.
E045827 The People v. Leslie Lamark Bridges Opinion
Judgment affirmed.
Richli, Acting P.J.
We concur: Gaut, J., Miller, J.
E046095 The People v. Shawn Patrick Greenblatt Opinion
Judgment affirmed in part and reversed in part with directions.
Richli, J., Acting P.J.
We concur: Gaut, J., Miller, J.
E048376 Laurie Kurt Shermoen v. The Superior Court of Riverside County;
The People Opinion
Petition granted.
Miller, J.
We concur: Ramirez, P.J., Gaut, J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 23, 2009
The following cases are submitted this date:
E046956 The People v. Robert Ralph Acosta
E045571 The People v. Humberto Huizar Alaniz
E047175 In re A.B. et al., Persons Coming Under the Juvenile Court Law.
Department of Public Social Services v. R.B.
E046335 Inland Center Auto Body et al. v. Department of Consumer Affairs
For the Bureau of Automotive
E044665 The People v. Daniel Juan Domingo
E046573 In re P.H., a Person Coming Under the Juvenile Court Law.
The People v. P.H.
E046595 The People v. Sandra Jean Hughes
E047210 The People v. Lisa Gail Jackson
E046668 In re D.L., a Person Coming Under the Juvenile Court Law.
The People v. D.L.
E044413 The People v. Evelia Zoraida Meseberg
E046051 The People v. Kenneth Jerome Stidham
E047074 The People v. Rodolfo Chavez
E046411 The People v. Grover Thomas Opinion
Judgment affirmed as modified.
Richli, Acting P.J.
We concur: Gaut, J., Miller, J.
E046981 In re A.O., a Person Coming Under the Juvenile Court Law.
The People v. A.O. Opinion
Judgment affirmed.
Richli, Acting P.J.
We concur: Gaut, J., Miller, J.
E044401 The People v. Delbert Mario Sanchez, Jr. Opinion
Judgment affirmed.
Richli, Acting P.J.
We concur: Gaut, J., Miller, J.
E046177 The People v. Thomas James Lee Opinion
Judgment affirmed.
Ramirez, P.J.
We concur: Gaut, J., King, J.
Minutes
June 23, 2009
E044071 Patricia Morana v. City of San Bernardino et al. Order
Petition for rehearing denied.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 24, 2009
The following case is submitted this date:
E047145 The People v. Scott Bradley
E046413 The People v. Brandon Dominick Mickens Opinion
Judgment affirmed with directions.
Ramirez, P.J.
We concur: Gaut, J., King, J.
E046503 The People v. Reginald Eugene Evans Opinion
Judgment affirmed.
Miller, J.
We concur: Richli, Acting P.J., Gaut, J.
E044833 The People v. Janett Guadalupe Hernandez Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: Richli, J., King, J.
E045751 The People v. Von Dedric Miles Opinion
Judgment affirmed with directions.
Hollenhorst, Acting P.J.
We concur: McKinster, J., Gaut, J.
E045305 The People v. Lester Willard Bowers Opinion
Judgment affirmed as modified.
Miller, J
We concur: Richli, Acting P.J., Gaut, J.
E046011 In re J.B., a Person Coming Under the Juvenile Court Law.
The People v. J.B. Opinion
Appeal dismissed.
Miller, J.
We concur: Richli, Acting P.J., Gaut, J.
E044303 The People v. Stanley Edward Madsen Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
McKinster, J., Gaut, J.
Minutes
June 24, 2009
E046418 The People v. Patricia Lynn Clemens Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: McKinster, J., Gaut, J.
E044807 James McDonald v. Shamsah Husein et al. Opinion
Judgment affirmed.
Miller, J
We concur: Gaut, Acting P.J., King, J.
E046579 The People v. Louis Lambert Martin Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: McKinster, J., Gaut, J.
E045375 The People v. Rogelio Jorge Morfin, Jr. Opinion
Judgment affirmed.
Miller, J.
We concur: Richli, Acting P.J., King, J
E047022 In re S.R. et al., Persons Coming Under the Opinion
Juvenile Court Law. Department of Children
and Family Services.
Judgment affirmed.
Miller, J.
We concur: Richli, Acting P.J., King, J
E045539 In re A.C., a Person Coming Under the Juvenile Court Law.
The People v. A.C. Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: McKinster, J., Gaut, J.
E047011 In re T.K. et al., Persons Coming Under the Juvenile Court Law.
Department of Public Social Services v. C.R. Opinion
Judgment affirmed.
Richli, Acting P.J.
We concur: Gaut, J., Miller, J.
E045591 Concordia CKS Investments, LLC v. Francis X. Hoffman Opinion
Judgment affirmed with directions.
Hollenhorst, Acting P.J.
We concur: McKinster, J., Richli, J.
Minutes
June 24, 2009
E043410* The People v. Annette Sweeney Opinion
Appeal dismissed.
Miller, J.
We concur: Gaut, Acting P.J., King, J.
*Certified for publication.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 25, 2009
The following case is submitted this date:
E047520 The People v. Darrell Wayne Perry
E047652 The People v. Harold Armstrong
E046204 Amy Chang et al., v. City of Upland et al. Opinion
Judgment affirmed.
Miller, J.
We concur: Ramirez, P.J., King, J.
E043940 Estate of Orville K. Doyle, Sr., Deceased. Orville K. Doyle, Jr.,
as Executor of Estate of Orville K. Doyle, Sr. v. Carolyn Steinke
Judgment affirmed. Opinion
Hollenhorst, Acting P.J.
We concur: McKinster, J., Richli, J.
E045073 Siva Arunasalam, M.D., v. St. Mary Medical Center, et al. Opinion
Judgment reversed.
Hollenhorst, Acting P.J.
We concur: Gaut, J., King, J.
E047221 In re S.G. et al., Persons Coming Under the Juvenile Court Law.
Children and Family Services v. M.G. Order
Petition for rehearing denied.
E044840 Kenneth Calvin Carter v. County of San Bernardino et al. Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: McKinster, J., Richli, J.
E045444 Estella Pelayo et al. v. Interim Healthcare, Inc. et al. Opinion
Judgment affirmed.
Hollenhorst, Acting P.J.
We concur: McKinster, J., Richli, J.
Minutes
June 25, 2009
E045894 Friends of the Northern San Jacinto Valley v. Opinion
California Department of Fish and Game et al.;
California Waterfowl Association
Judgment reversed with directions.
King, J.
We concur: Ramirez, P.J., Miller, J.
E047719 Despina Nicola v. Residence Mutual Insurance Company Order
E048382 Despina Nicola v. Residence Mutual Insurance Company
On the court’s own motion, case Nos. E047719 and E048382 are consolidated for
all purposes. Case No. E047719 is designated as the master file.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 26, 2009
E047931 D.T. v. The Superior Court of San Bernardino County;
Children and Family Services Order
The submission of the cause is vacated. The cause will be resubmitted after oral
argument has been held.
Richli, Acting P.J.
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 29, 2009
Court convened at 9:00 a.m.
Panel 1
Present:
Ramirez, P.J.
Richli, J.
Gaut, J.
Elizabeth Ceballos, Deputy Clerk
E046248 Patricia Reycraft v. Anthony Lee et al.
Merits. Cause called and Russell Clive Handy, Esq., argued for appellant;
Leonard J. Cravens, Esq., argued for respondents. Cause submitted.
E045282 Mario Yanes et al. v. Brenda Orea
Merits. Cause called and Rosemary Amezcua-Moll, Esq., argued for appellant;
Daniel A. Harrison, Esq., argued for respondents. Cause submitted.
Court recessed.
Court reconvened.
Panel 1a
Present:
Ramirez, P.J.
Richli, J.
Miller, J.
Elizabeth Ceballos, Deputy Clerk
E045433 Estate of Phillip Mastramico, Deceased.
David Masters et al. v. Joseph Masters
Merits. Cause called and David M. Masters, Esq., argued for appellant; Joseph
M. Masters argued as respondent in propria persona. Cause submitted.
Minutes
June 29, 2009
E045445 Sylvia Hu v. Ching Wang et al.
Merits. Cause called and Richard D. Ackerman, Esq., argued for appellants; Jerry
LaCues, Esq., argued for respondent. Cause submitted.
E045930 Jose Valle v. Washington Mutual Bank
Merits. Cause called and Mark Joseph Valencia, Esq., argued for appellant;
Gregory Charles Hill, Esq., argued for respondent. Cause submitted.
Court recessed.
Court reconvened at 1:30 p.m.
Panel 1a
Present:
Ramirez, P.J.
Richli, J.
Miller, J.
Mary Urena, Deputy Clerk
E045200 Elizabeth Sanchez v. County of San Bernardino et al.
Merits. Cause called and Bradley R. White, Esq., argued for appellant; Dennis
Wagner, Esq., argued for respondent The County of San Bernardino; Christopher D.
Lockwood, Esq., argued for respondent Dennis Hansberger. Cause submitted.
Court recessed.
Court reconvened.
Panel 2
Present:
Gaut, Acting P.J.
King, J.
Miller, J.
Mary Urena, Deputy Clerk
Minutes
June 29, 2009
E045865 In re the Marriage of Mary and Michael Castro.
Mary Castro v. Michael Castro
Merits. Cause called and F. Glenn Nichols, Esq., argued for appellant; Mary
Gefroh Castro argued as respondent in propria persona. Cause submitted.
E044875 Lomac Information Systems, Inc. v. Norment Security Group, Inc.
Merits. Cause called and Dennis Wagner, Esq., argued for appellant; Kira Lee
Klatchko, Esq., argued for respondent. Cause submitted.
E046287 Herbert Rudh v. Raquel Baez et al.
Merits. Cause called and Randall Billington, Esq., made no appearance for
appellant; Douglas Alan Bader, Esq., made no appearance for respondent Raquel Baez;
Eldia Y Santana-Del Rey made no appearance as respondent in propria persona. Cause
submitted.
Court adjourned.
E047501* Sanders Construction Company, Inc. v. Martin Cerda Opinion
[And five other cases.]
Judgment affirmed.
Gaut, J.
We concur: McKinster, Acting P.J., King, J.
*Certified for publication.
E046183 John Cantu v. Michael Thomas Opinion
Judgment affirmed.
Gaut, J.
We concur: McKinster, Acting P.J., King, J.
E047234 In re D.S., a Person Coming Under the Juvenile Court Law Opinion
The People v. D.S.
Judgment affirmed.
Ramirez, P.J.
We concur: Richli, J., Miller, J.
E048307 The People v. The Superior Court of Riverside County;
Rashad E. Carter Opinion
Petition granted.
Miller, J.
We concur: Ramirez, P.J., Gaut, J.
Minutes
June 29, 2009
E044698 The People v. Jason Jermarr Johnson Opinion
Judgment affirmed with directions.
Gaut, J.
We concur: McKinster, Acting P.J., King, J.
E043937 Adoption of A.M., a Minor
L.M. v. M.M Opinion
Judgment affirmed.
Miller, J.
We concur: Hollenhorst, Acting P.J., King, J.
E044368* The People v. Eric Wayne Taylor [And four other cases]
Modification of Opinion
No change in judgment.
Ramirez, P.J.
I concur: Richli, J.
*CERTIFIED FOR PUBLICATION
Court of Appeal
Fourth Appellate District, Division 2
Riverside, California
Minutes
June 30, 2009
Court convened at 8:30 a.m.
Panel 3
Present:
Ramirez, P.J.
Gaut, J.
King, J.
Rachel Borba, Deputy Clerk
E044869 The People v. Michael Neuman
Merits. Cause called and George L. Schraer, Esq., argued for appellant; Marissa
A. Bejarano, Deputy Attorney General, appeared for respondent and Michael Semanchik,
certified law student, argued for respondent. Cause submitted.
E045434 The People v. Jorge Acevedo
Merits. Cause called and John L. Dodd, Esq., argued for appellant; Marissa A.
Bejarano, Deputy Attorney General, appeared for respondent and Douglas Tan, certified
law student, argued for respondent. Cause submitted.
E045438 The People v. Deborah Doss
Merits. Cause called and James R. Bostwick, Esq., argued for appellant; Vincent
P. LaPietra, Deputy Attorney General, argued for respondent. Cause submitted.
E045468 The People v. Shawn Cohens
Merits. Cause called and Jean Ballantine, Esq., argued for appellant; Scott C.
Taylor, Deputy Attorney General, appeared for respondent and Joy Utomi, certified law
student, argued for respondent. Cause submitted.
E046286 The People v. Wayne Laffoon
Merits. Cause called and Siri Shetty, Esq., argued for appellant; Vincent P.
LaPietra, Deputy Attorney General, argued for respondent. Cause submitted.
Minutes
June 30, 2009
E044590 In re H.E. et al., Persons Coming Under the Juvenile Court Law.
Children and Family Services v. B.N.
Merits. Cause called and Brent Riggs, Esq., argued for appellant; Kristina Robb,
Deputy County Counsel, argued for respondent; Andrea St. Julian, Esq., argued for the
minors. Cause submitted.
E047287 In re K.S. et al., Persons Coming Under the Juvenile Court Law.
Children and Family Services v. T.S.
Merits. Cause called and Richard Pfeiffer, Esq., argued for appellant; Adam
Ebright, Deputy County Counsel, argued for respondent; Brent Riggs, Esq., argued for
the minors. Cause submitted.
E045241 The People v. Joseph Gonzalez
Merits. Cause called and Tom Owen, Esq., argued for appellant; Scott C. Taylor,
Deputy Attorney General appeared for respondent and Jessica Zaylia, certified law
student, argued for respondent. Cause submitted.
E045656 The People v. Arnaldo Valdivia
Merits. Cause called and Alex B. Perez, Esq., argued for appellant; Scott C.
Taylor, Deputy Attorney General, appeared for respondent and Noah Aleshire, certified
law student, argued for respondent. Cause submitted.
E045911 The People v. Robert Morgan
Merits. Cause called and Stephen S. Buckley Esq., argued for appellant; Marissa
A. Bejarano, Deputy Attorney General, appeared for respondent and Kevin Kim, certified
law student, argued for respondent. Cause submitted.
E046229 The People v. Veronica Lowery
Merits. Cause called and Stephen S. Buckley, Esq., argued for appellant; Emily
R. Hanks, Deputy Attorney General, argued for respondent. Cause submitted.
E046791 In re S.M. et al., Persons Coming Under the Juvenile Court Law.
Children and Family Services v. K.S.
Merits. Cause called and Richard Pfeiffer, Esq., argued for appellant; Adam
Ebright, Deputy County Counsel, argued for respondent; William D. Caldwell, Esq.,
argued for the minors. Cause submitted.
Court recessed.
Minutes
June 30, 2009
Court reconvened at 1:30 p.m.
Panel 4
Present:
Richli, Acting P.J.
Gaut, J.
Miller, J.
Michelle Parlapiano, Deputy Clerk
E047167 The People v. Tony Wagner
Merits. Cause called and Alan D. Tate, Deputy District Attorney, argued for
appellant; Stephen S. Buckley, Esq., argued for respondent. Cause submitted.
Court recessed.
Court reconvened.
Panel 4a
Present:
Richli, Acting P.J.
King, J.
Miller, J.
Michelle Parlapiano, Deputy Clerk
E046225 The People v. Tanya Taylor
Merits. Cause called and Alan D. Tate, Deputy District Attorney, appeared for
appellant and Greg Rollins, certified law student, argued for appellant; Martin Kassman,
Esq., argued for respondent. Cause submitted.
Court adjourned.
The following case is submitted this date:
E046038 The People v. Jose Guadalupe Avina
Minutes
June 30, 2009
E046282 The People v. Bruce Victor Lombardi Opinion
Judgment affirmed.
Gaut, J.
We concur: Richli, Acting P.J., Miller, J.
E045571 The People v. Humberto Huizar Alaniz Opinion
Judgment affirmed.
Gaut, J.
We concur: Richli, Acting P.J., Miller, J.
E046051 The People v. Kenneth Jerome Stidham Opinion
Judgment affirmed.
Gaut, J.
We concur: Richli, Acting P.J., Miller, J.
E046890 In re D.S., a Person Coming Under the Juvenile Court Law.
The People v. D.S. Opinion
Judgment affirmed with directions.
Gaut, J.
We concur: Richli, Acting P.J., Miller, J.
E047411 In re SAB.R. et al., Persons Coming Under the Juvenile Court Law.
Department of Public Social Services v. V.R. et al. Opinion
Judgment affirmed.
Gaut, Acting P.J.
We concur: King, J., Miller, J.
E045879 The People v. Ronald Leon Hammonds, Jr. Opinion
Judgment affirmed.
Gaut, J.
We concur: Richli, Acting P.J., Miller, J.
E046368 The People v. David Vincent Hawkins Opinion
Judgment affirmed.
Gaut, J.
We concur: Richli, Acting P.J., Miller, J.
Minutes
June 30, 2009
E047267 In re M.D. et al., Persons Coming Under the Juvenile Opinion
Court Law. Children and Family Services v. J.D.
Judgment affirmed.
Gaut, Acting P.J.
We concur: King, J., Miller, J.