OPINION RICHARDSON , J. — INTRODUCTION Plaintiff DLI Properties, LLC, filed an unlawful detainer action against defendant Cherokee Hill after she failed to pay rent and defaulted on the parties' lease agreement. Defendant raised as an affirmative defense plaintiff's failure to comply with Civil Code section 1962's 1 disclosure requirements. On appeal, defendant contends section 1962, subdivision (c), bars a "successor owner" from instituting eviction proceedings based on nonpayment of...
CERTIFIED FOR PUBLICATION OPINION RICCIARDULLI , J. INTRODUCTION Defendant Michael Kerr Walker pled no contest to contracting without a state contractor's license (Bus. & Prof. Code, 7028, subd. (a)), and a hearing was conducted to determine the amount of restitution defendant would be ordered to pay to the homeowner with whom he contracted as a condition of probation. The People of the State of California appeal the restitution order, and as discussed below, we reverse. Pursuant to...
CERTIFIED FOR PARTIAL PUBLICATION * OPINION RICCIARDULLI , Acting P. J. I. INTRODUCTION Defendant Noe Iniguez appeals the judgment of conviction following a jury trial. Defendant was convicted of two counts of violating a restraining order (Pen. Code, 273.6, subd.(a)), 1 and one count of distributing a private image ( 647, subd. (j)(4)). Defendant contends on appeal that section 647, subdivision (j)(4), is unconstitutionally vague and overbroad, the court misinstructed the jury,...
CERTIFIED FOR PUBLICATION OPINION RONALD BAUER , Presiding Judge . Victim and Appellant Craig Oden appeals the trial court's order denying him further restitution. On appeal, Oden argues that the trial court erred by denying him restitution for the attorney's fees he paid his civil lawyer. As explained below, Oden, as a crime victim, lacks standing to bring this appeal on his own. For this reason, we dismiss the appeal. Factual and Procedural Background On January 11, 2012, the District...
CERTIFIED FOR PUBLICATION THE COURT * Defendant John C. Dear (defendant) appeals from a judgment entered against him in the principal sum of $25,000 representing unpaid credit card charges owed to Citibank, N.A. (Citibank), who subsequently sold the account to Pilot Receivables Management, LLC (Pilot). The account was later assigned to Unifund CCR Partners, who then assigned the account to plaintiff Unifund CCR, LLC (plaintiff). Defendant contends the trial court erred in admitting into...
CERTIFIED FOR PUBLICATION OPINION RICCIARDULLI , J. INTRODUCTION Plaintiff 511 S. Park View, Inc. appeals from an order awarding $12,375 in attorney fees to defendants Maria Tsantis and Michael Iorio following an unlawful detainer court trial. Plaintiff contends the award of attorney fees was limited by the express terms of the parties' lease agreement, and therefore the trial court erred in awarding an amount in excess of $750. We conclude that the court's ruling was in error and...
CERTIFIED FOR PUBLICATION OPINION P. McKAY , P. J. The issue presented in this petition for a writ of mandate is whether, in deferring sentence under Penal Code section 1001.94, respondent trial court abused its discretion by not ordering real party to "complete the same obligations that would have been imposed had judgment been entered." ( 1001.94, subd. (f).) 1 We find an abuse of discretion and accordingly grant petitioner relief. BACKGROUND Petitioner, the People of the State of...
CERTIFIED FOR PARTIAL PUBLICATION * OPINION RICCIARDULLI , J. I. INTRODUCTION Defendant Francis Shivers appeals the judgment following his conviction of violating a restraining order and electronically distributing a harassing message (Pen. Code, 273.6, subd. (a), 653.2, subd. (a), respectively). Regarding the restraining order charge, defendant contends the court misinstructed the jury, erroneously failed to instruct sua sponte on self-defense, and erred in answering the jury's...
CERTIFIED FOR PARTIAL PUBLICATION ORDER Respondent's petition for rehearing is denied. The partially published opinion filed November 5, 2014, is modified as follows: Page 14, line 21, through page 15, line 19, of the opinion is deleted. This portion of the opinion is replaced with the following: We agree with defendant the vagueness and right to travel contentions are not forfeited by failure to object in the trial court because they involve pure questions of law, undisputed facts, and...
CERTIFIED FOR PARTIAL PUBLICATION * OPINION RICCIARDULLI, J. I. INTRODUCTION Defendant Vahe Aleksanyan solicited a police officer posing as a street-walking prostitute to engage in a sexual act in exchange for money, and was arrested while walking with her toward her motel room. He appeals the judgment of conviction following a jury trial of soliciting another person to engage in an act of prostitution (Pen. Code, 647, subd. (b)). Defendant contends the judgment should be reversed...
CERTIFIED FOR PUBLICATION OPINION P. McKAY, P. J. In this unlawful detainer matter, defendant Jacqueline Cruz appeals the judgment entered in favor of plaintiff Fernando Garcia. The issue on appeal is whether the trial erred when it denied defendant the right to a jury trial after defendant failed to post past-due rent pursuant to the court's order. We find prejudicial error and, accordingly, reverse the judgment. BACKGROUND Plaintiff filed an unlawful detainer complaint against defendant...
