- Criminal: Riverside Superior Judge Samuel Diaz’s fines lowered, convictions stand in attorney stalking case P. v. Morales (RIF1701355/E077827)
- Former attorney Rogelio Morales and his wife, Mireya Arias, filed multiple gender discrimination lawsuits against minority-owned hair salons and dry cleaners. Each would enter a business, and if Arias was charged more, Morales would file a lawsuit. In one case, a Riverside detective showed that Morales was not at a business at the time he claimed to have been serviced. An attorney, Rosa Sahagun, represented some of the victims, organized a demonstration against the lawsuits at Morales’ law office, and was granted a restraining order against Morales. Morales was convicted on 62 charges brought by the Riverside County District Attorney, including burglary, extortion, attempted extortion and attempted theft, with hate crime enhancements, and of stalking Sahagun, disobeying the restraining order, and lying to the court. He was disbarred, and ordered to pay $192,615 in restitution. In his first appeal, the Court of Appeal reversed the extortion and burglary counts after finding that there was improper evidence that his lawsuits were unlawful. In his second appeal, he argued he should have a smaller restitution fine, that the court should not have imposed consecutive sentences, that assessments should be corrected and that his other charges should be also thrown out. The Court of Appeal modified restitution to Sahagun to $2,386, and reduced his assessments.
- Criminal: Riverside Superior Judge Matthew Perantoni’s conviction affirmed in P. v. Smith (RIF1903448/E078997)
- Marcel Smith was convicted of robbery and sentenced to 11 years in prison April 28, 2022. A waitress testified that her Moreno Valley restaurant was robbed at gunpoint in August, 2019. The gun turned out to be a BB gun. Smith got $213 from the cash register, but left his wallet, which held $700 in cash, at the restaurant. He appealed his conviction, arguing that 911 tapes were submitted to the jury without proper foundation. The Court of Appeal found no issue with his conviction.
- Civil: Riverside Superior Judge Sunshine Sykes’s motion for summary judgment affirmed in Morales v. Silver & Wright (RIC1803060/E077797)
- Ramona Morales brought a class action suit against Indio and Coachella, alleging that their city prosecutor, the firm Silver & Wright, violated due process by having a financial interest in the fees and costs collected by the city. The city settled with Morales, and Penal Code Section 688.5 came into effect prohibiting local governments from charging a defendant for the cost of prosecution. Silver & Wright filed a motion for summary judgment, which the trial court granted. Morales appealed, arguing that Silver & Wright could not file for summary judgment because the firm was no longer a party to the case. The Court of Appeal said that if Silver & Wright was no longer a party to the case, Morales should not care that the judge remove them from the case. “We have no idea why this appeal is here…either way, Silver is out of the case,” the ruling says. The court affirmed the summary judgment
- Juvenile: San Bernardino Superior Judge Steven Mapes’s termination of parental rights affirmed in In re v.D. (J-287566/E079406)
- San Bernardino Superior Court terminated a mother’s parental rights. The mother appealed the decision, arguing San Bernardino County failed to investigate her child’s Native American ancestry before terminating her rights, as required by federal law. Under the Indian Child Welfare Act, a Native American tribe has first rights to claim children who would be otherwise placed in the foster care system if they can be proved to be descended from the tribe. The mother had claimed to have Azteca and Apache ancestry, but no Azteca or Apache tribes said the child was eligible for tribe membership after being contacted. The Court of Appeal found that the county had done its duty to investigate the child’s ancestry, and affirmed the ruling.
- Criminal: Riverside Superior Judge Temporary Judge William S. Lebov’s sentencing affirmed in P. v. Springer (RIF1302409/E079616)
- Roy Springer was convicted of second degree murder after fatally kicking a man he had punched to the ground May 4, 2013. He petitioned to be resentenced under a change to California’s murder law. The change, Penal Code Section 1172.6, vacates murder convictions for people who were not the murderer, but who were involved in a crime that resulted in a murder. The trial court dismissed Springer’s petition after ruling Section 1172.6 does not apply to his case. Springer appealed. The Court of Appeal agreed that the change does not apply to Springer.
- Criminal: Riverside Superior Judge Otis Sterling III’s conviction affirmed in part and reversed in part in P. v. Bracamonte (BLF1500085/E075734)
- Jordan Bracamonte was convicted of second degree murder of a child and assault on a child. He also pleaded guilty to domestic violence, criminal threats and false imprisonment. He was sentenced to 25 years to life and eight years in state prison. Bracamonte appealed his conviction, arguing statements he made to police should not have been admitted into evidence. He also argued he should be resentenced due to his convictions on crimes that occurred when he was 19 and 20 years old. The Court of Appeal ruled that his failure to raise the evidence argument at trial meant he forfeited the argument on appeal. They agreed he is entitled to resentencing due to his crimes under the age of 20.
- Family: Riverside Superior Judge Harry (Skip) A. Staley’s termination of parental rights conditionally reversed in In re J.B. (RIJ119871/E079369)
- A mother whose parental rights were stripped appealed, arguing Riverside County failed to inquire as to the child’s Native American heritage before placing him in their system as required by federal law. Her child was removed from her custody after she tested positive for THC, cocaine, methamphetamine and amphetamine, and after Riverside County alleged she had engaged in domestic abuse. The Court of Appeal agreed with the mother that the county should have asked the child’s maternal aunt and grandfather about his possible Native American heritage. The court directed the county to ask the grandfather and aunt about their possible Native American ancestry.
- Restraining order: Riverside Superior Judge Johnnetta Anderson’s domestic violence restraining order affirmed in B.M. v. D.v. (FLHE2003482/D080908)
- A mother abducted her daughter in violation of a court order granting custody to the father, and kept her for three days at her rehabilitation center. The father applied for, and was granted, a domestic violence restraining order against the mother. The mother appealed, arguing that her abduction does not constitute domestic violence. The Court of Appeal found that it did.
- Criminal: Riverside Superior Judge John Molloy’s sentencing affirmed in P. v. Delariva (SWF005363/D080611)
- Maria Delariva was convicted by jury of first degree murder in 2008, and was sentenced to 25 years to life. She applied to be resentenced under Penal Code Section 1172.6, a California reform that granted resentencing to people convicted of murder due to their involvement in a crime during which someone else committed murder. The Court of Appeal found that the reform did not apply to Delariva’s case, because she directly aided and encouraged someone to commit murder.
- Criminal: San Bernardino Superior Judge Debra Harris’s sentencing affirmed in P. v. Mixon (FVI1600254/D080985)
- Laurence Mixon was found guilty of first degree murder, with a knife, in 2017, and was sentenced to 58 years to life. Mixon filed a petition for resentencing under Penal Code Section 1172.6, which was denied. He appealed the denial. Section 1172.6 grants resentencing for people who were convicted of murder after participating in a crime during which a murder occurred. Because Mixon was the direct murderer, the Court of Appeal affirmed his sentence .
- Family: Riverside Superior Judge Susanne Cho’s termination of parental rights affirmed with directions in In re A.S. (INJ1900286/E078987M)
- A mother appeals from the termination of her parental rights, arguing that Riverside County failed to investigate her child’s Native American heritage as required by federal law before placing them in the foster system. The mother was reported to neglect her child, and use methamphetamine. The Court of Appeal agreed that Riverside County should have investigated the child’s ancestry better, and directed it to do so.
- Labor: Court of Appeal dismisses appeal in Gonzales v. Superior Court (RIC2003872/E077804)
- Patrick Gonzales requested the Court of Appeal dismiss his petition for writ of mandate after he pursued settlement negotiations in his case against his former employer.
- Family: Riverside Superior Judge Dorothy Mclaughlin’s termination of parental rights reversed with directions in In re A.D. (RIJ2100552/E079747)
- The court removed a child from their homeless and opioid-abusing mother’s care. She appealed, arguing that the court did not investigate the child’s Native American heritage as required by federal law. The Court of Appeal agreed, and vacated the order terminating parental rights until the county investigates.
- Family: Riverside Superior Judge Susanne Cho’s denial of reunification services affirmed in In re E.L. (INJ017856/E079335)
- The court denied reunification services between a 9-year-old and her methamphetamine using and abusive father. The father appealed, arguing insufficient evidence. The Court of Appeal found that reunification services would not be in the child’s best interest.
- Family: San Bernardino Superior Judge Lynn Poncin’s removal from maternal custody reversed in In re G.C. (J291367/E078637)
- A child younger than a year old was removed from his parent’s care after the county found evidence of serious physical abuse. The father had been beating the child, and the mother said he did so without her knowledge. She filed a restraining order against the father, took parenting classes, and planned to enlist in the armed forces and leave the child with her father in Puerto Rico, where she would be deployed. The trial court ruled that the mother had physically assaulted the child, and removed the child from her care. She appealed, arguing the court’s findings were unsupported. The Court of Appeal agreed.
- Criminal: San Bernardino Superior Judge Bridgid Mccann’s sentencing affirmed in P. v. Gutierrez (FWV17004387/E079681)
- Manuel Gutierrez took a plea deal that resulted in 30 years in prison for driving under the influence with two prior strikes. He had fatally collided with other drivers on the I-10 on Nov. 15, 2017. His plea deal dropped the vehicular manslaughter charge. He filed a petition for resentencing, which was denied. He appealed. The Court of Appeal found no issues with the ruling.
- Depositions: Riverside Superior Judge Manuel Bustamante’s granting of subpoena reversed in Palo Verde Unified School District v. Superior Court (BLC1800256/E079300)
- Brandy Cox, a long-time teacher at the Palo Verde School District in Blythe, filed a case against the district claiming multiple labor issues including discrimination, harassment and retaliation. Cox’s counsel subpoenaed documents from an investigator hired by the district’s general counsel. The district moved to quash the subpoena, arguing the work was protected by the attorney-client privilege. The court denied the motion to quash, and the district appealed. The Court of Appeal ruled that the work was protected, and ordered the trial court to issue the motion to quash.
- Family: Riverside Superior Judge Cheryl Murphy’s termination of parental rights conditionally reversed in In re R.D. (RIJ2000454/E079042)
- A child was removed from her parents shortly after birth, and the juvenile court terminated their parental rights. The parents appealed, arguing the county failed to investigate their possible Native American heritage as required by federal law. The county had not contacted other members of the family to ask if they were related to any Native American tribes. The Court of Appeal agreed with the parents, reversed the termination of parental rights and ordered the county to further inquire.
- Personal injury: Riverside Superior Judge Irma Poole Asberry’s ruling affirmed in Said v. Costco Wholesale (RIC1824224/E077302)
- Alber Said fell inside Costco’s Moreno Valley store and filed a lawsuit claiming the store had a wet floor. The trial court found that his stated medical problems were not worsened by the slip, and entered judgment for Costco. Said appealed. The Court of Appeal agreed with the trial court.