- Family: San Bernardino Superior Judge Annemarie Pace’s denial of reunification sentences affirmed in In re M.K. (J294312/E080321) A mother appealed from the denial of reunification services to her oldest daughters. Pace made the ruling on the basis that she failed to make a reasonable effort to treat her drug problems. The mother claimed the removal of the children from her custody was based entirely on the father’s misconduct, and that her behavior did not need to improve. The Court of Appeal disagreed.
- Renter protection: Riverside Superior Judge Ronald L. Johnson and Randolph Rogers dismissal affirmed in Ghukassian v. Wolfberg (CVPS2103176/E078304)
Hovik and Mariet Ghukassian sued their tenants for allegedly not paying $30,000 in rent during the COVID-19 pandemic. They filed the suit after they had evicted the tenants, Brent Wolfberg and Barry Taff. Wolfberg and Taff requested the court throw out the case, arguing they were protected from paying rent due to the pandemic’s emergency rules. The trial court, and the Court of Appeal, agreed with the tenants. - Foreclosure: San Bernardino Superior Judge Bryan Fosters’ judgment affirmed in Coe v. Nationstar Mortgage (CIVDS1620775/E076981)
Evangelina Coe took out a reverse mortgage on her home, but failed to make repairs, pay property taxes and purchase property insurance as the mortgage terms required. Nationstar Mortgage accelerated the loan based on those failures, and Coe did not pay in time. Nationstar started foreclosure proceedings and assigned the trust deed to Reverse Mortgage Funding, which finished foreclosure. Coe sued Nationstar and Reverse Mortgage for wrongful foreclosure, fraud and cancelation of instruments. Foster granted summary judgment for the defendants. The Court of Appeal found that she had forfeited her arguments, and ruled for the defendants. The appellate ruling said that Coe did not submit evidence to support her claims that she paid property taxes or made repairs. - Family: Riverside Superior Judge Cheryl Murphy’s jurisdictional finding affirmed in In re B.T. (RIJ2200175/E079851)
A father appealed from the removal of his 2-year-old daughter from his care following a juvenile court finding that he had raped and molested his 14-year-old step-daughter. The father appealed, arguing that the fact that the step-daughter was no longer living in the home proved that there was no evidence of a current risk of harm to his daughter. The Court of Appeal found that fact irrelevant. - Criminal: San Bernardino Superior Judge Alexander Martinez’s denial of resentencing dismissed in People v. Nash (FSB045154/E080063)
Jarvin O’Neal Nash appeals from Martinez’s denial of resentencing. He was convicted of first degree burglary of an inhabited dwelling. He petitioned to be resentenced under Penal Code Section 1172.6, which deals with murder convictions. The Court of Appeal agreed with the trial court that the section does not apply to Nash’s burglary conviction. - Criminal: San Bernardino Superior Judge Steve Malone’s denial of a request to vacate a conviction affirmed in People v. Brown (FSB1600204/E079710)
Kenyon Darrell Brown pleaded guilty to driving under the influence and resisting an officer in 2016. He moved to vacate his conviction in 2022, on the grounds that he had been suffering a mental disorder, that the arresting officer lied, that an officer’s testimony was tossed out and that there was no DNA blood taken to determine his blood alcohol content. Malone denied his motion, finding that there was a factual basis for his plea. Brown appealed. The Court of Appeal found no issues with Malone’s judge, and found that his plea deal waives his right to appeal. - Criminal: Riverside Superior Judge Charles Koosed’s conviction affirmed in People v. Villalobos (INF1701501/E078380)
Hilario Villalobos was convicted of multiple sex offenses against his 11-year-old nephew. He appealed, arguing Koosed provided inadequate jury instruction and that defense counsel was ineffective. The Court of Appeal found that the correct instructions were given, and that he mischaracterized a proceeding when claiming ineffective counsel. - Criminal: Riverside Superior Judge John Molloy.
Pierre Demitrius Carter met with members of The Tiny Dukes and the 1200 Blocc Crips in 1991, to plan a retaliation against a rival gang, Casa Blanca. Later that day, passengers in a car he was driving shot and killed a person believed to be in Casa Blanca. Carter was found guilty of one count of murder and one count of conspiracy to commit murder, and received two sentences of 25 years to life. He petitioned to be resentenced, Molloy denied the petition, and the Court of Appeal found that Carter raised no issues. dismissed in People v. Carter (CR40178/E075387) - Criminal: Riverside Superior Judge Sylwia Luttrell
Kenneth Brandon Miller was convicted of indecent exposure in 2004 and was required to register as a sex offender. He was released on parole in August 2019. and was found to have violated the terms of the parole by disabling, and failing to charge his GPS monitor. He appealed the revocation of his parole, and he appealed. The Court of Appeal found no issues except for minor mistakes in a minute order. affirmed in People v. Miller (BPR2201156/E080249)
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