- Real estate: Riverside Superior Judge Kira Klatchko’s judgment reversed in Skywalker 1979, Llc v. Coachillin Holdings, Llc (PSC1901476/E080554)
- The marijuana company Skywalker 1979 bought a Desert Hot Springs lot from developer Coachillin in 2018, with the intent to use it for their business. Southern California Edison was not able to provide the lot with electricity, due to issues with the development’s electrical infrastructure. Skywalker sued on allegations of fraud, misrepresentation and breach of contract. An arbitrator awarded Skywalker $1.5 million in 2022. Coachillin appealed the judgment. While the appeal was pending, the litigants settled, and asked for the judgment to be reversed.
- Lawful arrest: Riverside Superior Judge Manuel Bustamante’s dismissal reversed with directions in Cortes v. Riverside County Sheriff’S Department (CVPS2202172/E080424)
- Ignacio Cortes brought charges of false arrest against Riverside County after he was arrested by sheriff’s deputies on suspicion of starting a fire across the street from his restaurant. Judge Bustamante threw his case out, finding a lack of statutory basis for the claim. The Court of Appeal found that the lack of an arrest warrant, as alleged by Cortes, would mean he had a claim, and reinstated his case.
- Criminal: San Bernardino Superior Judge John People Vander Feer’s denial of resentencing affirmed in People v. Aispuro (FVI1000293/E080938)
- Armando Aispuro was convicted of the first degree murder of Nelson Mendoza through aiding and abetting in 2010. The prosecution claimed co-defendant Jorje Gonzalez shot and killed Mendoza, while Aispuro aided and abetted the murder. Aispuro said that he was driving Gonzalez and Mendoza when the homicide occurred and that he had brought Gonzalez at Mendoza’s request. He filed a petition for resentencing under Penal Code Section 1172.6. The section removed a legal doctrine under which a person can be convicted of murder if they participated in a crime that resulted in the murder. Aispuro’s conviction stands, because he was not convicted under that changed legal doctrine.
- Criminal: San Bernardino Superior Judge Daniel Detienne’s conviction affirmed in People v. Tyler (FWV1600425/E078634)
- Kenneth Tyler was found guilty of kidnapping and assault with a deadly weapon after beating his wife. He received 20 years in prison. He appealed his conviction, arguing that he did not move his wife far enough to legally count as kidnapping when he dragged her back into their house. The Court of Appeal found that the fact he dragged her back in to commit the crime of assault causes him to meet the qualifications for the crime.
- Criminal: San Bernardino Superior Judge Gregory Tavill’s denial of evidence preservation affirmed in People v. Macias (FVI025322/E081599)
- Ruben Macias was convicted of first degree murder in 2007 and sentenced to life without the possibility of parole. In 2022, he filed a motion to preserve evidence of youth-related mitigating factors that may be relevant to a youthful offender parole hearing. The court denied the motion because life sentences without the possibility of parole are not eligible for those hearings. The Court of Appeal agreed with the trial court.
- Criminal: Riverside Superior Judge John Molloy’s denial of resentencing affirmed in People v. Evans (SWF1100070/E079875)
- Daniel Evans was convicted of first degree attempted murder and participating in a gang in 2012, and sentenced to 32 years to life. He shot Aaron Williams after Evans got in an argument with Williams in the Carl’s Jr. line for taking too long—Williams was accompanying his uncle, who was taking longer to order because he had Down Syndrome. Evans petitioned to be resentenced under Penal Code Section 1172.6, which the Court of Appeal found to not be applicable to the case.
- Family law: Riverside Superior Judge Sean Crandell’s termination of parental rights affirmed in In re R.M. (SWJ2200022 /18CCJP00169B/E082393)
- Two parents claim Riverside County did not properly investigate their child’s possible Native American ancestry as required by federal law before their parental rights were terminated. The Court of Appeal found no error.
- Criminal: San Bernardino Superior Judge Kyle Brodie’s denial of resentencing affirmed in People v. Schwartz (FSB047468/E079940)
- In 1989, Robert Schwartz brandished a rifle and chased four people in his car. When sheriff’s deputies arrived, he kicked them. In 1991, he brandished an AK-47, then shot two San Bernardino officers as they fled his apartment. They were responding to a domestic violence call. He was diagnosed as having antisocial personality disorder after he said he amused himself by shooting them. He was out on parole in 1999, five years into a 14-year sentence. In 2008, he was convicted of possession of methamphetamine, and sentenced to 26 years to life due to it being his third strike. Outside of his convictions, his wife said he accidentally shot a gun at her in the early 1990s, while she was pregnant. Schwartz is now 70 years old, and petitioned the court to release him. The court denied his petition after finding he poses a risk to public safety. The Court of Appeal agreed with the court.
- Criminal: Riverside Superior Judge John Monterosso’s denial of resentencing affirmed in People v. Rogers (RIF100702/E080419)
- Melissa Rogers, Anthony Brown and J.H. robbed a 99 Cent Store in 2001. Rogers pointed a shotgun at a store employee, and slashed the employee’s throat. The victim fought Brown, who stabbed her. Rogers pulled the shotgun trigger, but the gun did not go off. She gave the gun to Brown, who then killed the victim. Rogers petitioned to be resentenced from first degree murder because she did not actually kill the victim—Brown did. The trial court and Court of Appeal denied her petition because she acted with the intent to kill.
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