Filed 3/5/14 In re Jadyn L. CA2/1 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS 

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SECOND APPELLATE DISTRICT 

DIVISION ONE 

In re JADYN L., a Person Coming Under 

the Juvenile Court Law. 

 B249181 

LOS ANGELES COUNTY 

DEPARTMENT OF CHILDREN AND 

FAMILY SERVICES, 

 Plaintiff and Respondent, 

 v. 

HEATHER M. et al., 

 Defendants and Appellants. 

 (Los Angeles County 

 Super. Ct. No. CK94442) 

 APPEAL from a judgment of the Superior Court of Los Angeles County. Valerie 

Skeba, Juvenile Court Referee. Affirmed. 

______ 

 Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and 

Appellant Heather M. 

 Jamie A. Moran, under appointment by the Court of Appeal, for Defendant and 

Appellant Curt L. 

 John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and 

Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent. 

______ 
2

 Heather M. (Mother) and Curt L. (Father) appeal from the judgment entered after 

the juvenile court declared their son, born in April 2008, a dependent of the court under 

Welfare and Institutions Code section 300, subdivision (b)1

, and made dispositional 

findings. Mother and Father contend that substantial evidence does not support the 

jurisdictional determinations and that the juvenile court erred by removing the child from 

their custody. We disagree and thus affirm the order. 

FACTUAL AND PROCEDURAL BACKGROUND

1. The Events Leading to the Section 300 Petition

 On November 21, 2012, the child’s maternal grandmother contacted the 

Department of Children and Family Services (DCFS), reporting “that there is [an] 

ongoing domestic violence relationship between [the] parents. There’s a lot of yelling, 

screaming and name calling by father on the mother in the presence of the child. The 

situation escalated to a point that the mother and her son . . . left 2 weeks ago and 

temporarily moved in with [the maternal grandmother]. [¶] [On the] morning [of the 

call to DCFS], father came to visit and told the mother that he is bringing the child to 

Universal Studios. However, as soon as he picked up the child, he called and told the 

mother that she cannot have the child back and she needs[] [t]o get a Court order to have 

him back. [¶] [The maternal grandmother] described the father as ‘unstable’ and ‘crazy’ 

but never been diagnosed and . . . did not elaborate. [She] indicated that the father is 

putting the child in the middle of the parent[s’] conflict.” 

 Later that day, a social worker visited Father and his son at Father’s mobile home. 

Father said he and Mother had lived together for about 10 years. A few weeks earlier, on 

November 4, Mother left the home, without telling Father why, and did not take the child, 

then four years old, with her. Father denied any verbal or physical altercation between 

himself and Mother when Mother left the home. The following day, Father took the child 

to the maternal grandmother’s house, where Mother was staying, and left him there. 

1

 Statutory references are to the Welfare and Institutions Code. 
3

 Father denied any abuse or neglect of the child, as well as domestic violence 

between himself and Mother. Father “did admit that he had a drug history of abusing 

methamphetamine and speed. He claimed he has been out of jail more than a year and is 

not on parole or probation. He claimed he does not drink alcohol or use illicit drugs 

because if he did he would ‘die[.][’] He denied current drug use. . . . [¶] The father 

claimed he had surgery in April of [2012] for a brain aneurysm and has a genetic liver 

condition and drinking or using drugs would have an adverse impact on his health. . . . 

[¶] . . . [Father said] both [he and Mother] were using methamphetamine and marijuana, 

but the father claimed they have never used illicit drugs in the presence of the child . . . . 

The father stated that he and the mother would routinely use methamphetamine together. 

He stated he last used with the mother in June 2012. [¶] The father claimed that when the 

mother was living with him she would leave [the child] with him frequently while she 

would go out with other men in the mobile home park. The father claimed he believes 

the mother smokes ‘pot[,][’] but the mother has never smoked around [the child].” 

 The social worker also interviewed the maternal grandmother, who “stated the 

mother was living with her for the past few weeks because [the mother] was not getting 

along with the father. She stated she has never known the father and the mother to 

physically fight, but she believes there is a lot of arguing between them in the presence of 

the child . . . . [¶] She also stated she is aware the father has a drug history and is aware 

that the mother has a drug history, but has never seen the parents use illicit drugs.” 

The maternal grandmother “suspects the mother is using illicit drugs given her recent 

behavior as the mother has a long history of drug use and the maternal grandmother 

has learned to recognize the signs.” The maternal grandmother informed the social 

worker that she has a legal guardianship over the mother’s two other children, then 

ages 16 and 18, half siblings of the child. “[I]n the year 2000 mother was residing with 

[the maternal grandmother] . . . along with [those two children] and the mother was 

neglecting the needs of the children so she told mother to move out and she kept the 

children. Mother never appeared in court so [the maternal grandmother] was granted 
4

legal guardianship. . . . DCFS was never involved with the half[-]siblings and their father 

is deceased.” 

 On November 27, Father tested positive for marijuana. On that same day, the 

maternal grandmother informed the social worker that Mother had been incarcerated on 

November 25 for outstanding bench warrants. 

 Father, the maternal grandmother and the maternal aunt attended a team decision 

making meeting on November 29. Mother did not attend, as she still was incarcerated. 

Father “admitted to a forty[-]year history of illicit drug use and that during his time with 

the mother he and the mother abused methamphetamine and marijuana.” Father refused 

to consent to a detention of the child and left the meeting without the child, who 

remained with the maternal grandmother. 

 Mother contacted the social worker on December 4. Mother was arrested for three 

outstanding bench warrants, one for riding public transportation without a ticket, one for 

smoking in a non-smoking zone and one for an arrest several years prior for possession of 

methamphetamine and failure to show proof of completion of a drug counseling program. 

Mother had a court date on December 18 to provide the proof of completion. Mother 

“stated she does have a methamphetamine history . . . [that] goes back about ten years. 

She stated she stopped using methamphetamine when she was pregnant with her son . . . . 

She stated she also has used marijuana, but has not used marijuana for about two or 

three months. She stated she has never used marijuana in the presence of [the child].” 

Mother denied domestic violence in her relationship with Father. Mother did not 

complete her interview with the social worker, as she ended her call with the social 

worker and failed to call back as promised. 

 Later that day, DCFS obtained a removal order for the child because “DCFS could 

not ensure the safety of the child . . . under the care of the parents due [in part] to . . . the 

parents[’] history of methamphetamine and marijuana use and the father’s positive test 

for marijuana on 11/27/12.” The child was detained and placed with his maternal aunt. 

A search was initiated on December 5 to locate Mother. 
5

2. The Section 300 Petition and the Detention Hearing

 On December 7, DCFS filed a petition under section 300, subdivision (b). As to 

Mother, the petition alleged, “The child[’s] . . . mother . . . has a ten[-]year history of 

illicit drug abuse, and is a current abuser of methamphetamine and marijuana, which 

renders the mother unable to provide regular care and supervision of the child. On prior 

occasions, the mother was under the influence of illicit drugs while the child was in the 

mother’s care and supervision.” As to Father, the petition alleged, “The child[’s] . . . 

father . . . has a forty[-]year history of illicit drug abuse, and is a current abuser of 

methamphetamine and marijuana, which renders the father unable to provide regular care 

and supervision of the child. On 11/27/2012, the father had a positive toxicology screen 

for marijuana. On prior occasions, the father was under the influence of illicit drugs 

while the child was in the father’s care and supervision.” 

 At the detention hearing, also on December 7, at which both Mother and Father 

appeared, the juvenile court found a prima facie case for detaining the child, no 

reasonable means to protect the child without removal and reasonable efforts to prevent 

or eliminate the need for removal. The court continued the child’s placement with the 

maternal aunt. It granted Mother and Father monitored visitation and family 

reunification services and ordered them to submit to random and on-demand drug testing. 

3. Jurisdiction and Disposition

 In the jurisdiction and disposition report, filed on January 10, 2013, DCFS stated 

that despite its attempts to locate Mother it had been unable to interview her. Father 

refused to be interviewed without his attorney present. DCFS reported possession of a 

controlled substance for Mother in 2007 and several convictions for Father in 2008, two 

for possession of a controlled substance and one for burglary. 

 According to the maternal aunt, Mother “‘has a long history of using drugs on and 

off. She will clean up for a while and then go back to the drugs. She did rehab a few 

years ago and she did really well after she got out; but she eventually slipped back into it. 

As far as [the maternal aunt] know[s], [Mother] just uses pot and meth. She won’t even 

talk to [the maternal aunt] since all of this happened because she blames everyone for 
6

what is going on. [The child] hasn’t mentioned anything about [his parents’] drug use 

since he has been [with the maternal aunt]. [Mother’s] behavior now is like it was when 

she was using drugs in the past. When . . . at Court, she was mentally unstable and her 

behavior was really odd. [The maternal aunt does not] think [the child has] been abused 

by [his parents], . . . just . . . seen and been exposed to a lot of stuff that he shouldn’t 

have.’” As for Father, the maternal aunt reported, “‘I know [Father] has a long drug 

history as well. I know he smokes pot and he has done meth with [Mother].” 

 The maternal grandmother reported that, when Mother was staying with her in the 

weeks before the DCFS referral, Mother “‘would be up for two to three days at a time 

and then sleep for three to four days. [The maternal grandmother does not] know if 

[Mother] is using meth again because [she] didn’t see any sores on [Mother’s] face like 

last time; but, [she has not] seen [Mother] since Court. [Mother] has been blaming all of 

this on [the maternal grandmother], of course. [The maternal grandmother] know[s] 

[Mother] used meth before and smokes pot but [does not] know if she is still smoking 

pot. As a mother, you don’t want to see the signs but [she] ha[s] been looking and [she] 

[doesn’t] know if [Mother] is using again. When [Mother] was [staying with the 

maternal grandmother] she was yelling and cur[s]ing at [the child] and [the maternal 

grandmother] was very upset about that.’” The maternal grandmother said, “‘I know 

[Father] smokes pot and I think [Mother and Father] used meth together. There was one 

time last summer that I caught him in my garage smoking pot and I told them that they 

had to leave. I heard that he has a prescription for the pot because of his brain aneurism 

but I don’t know how true that is.’” 

 DCFS reported that a dental examination on December 19 revealed that the child 

had seven untreated cavities. During a physical examination on January 14, vaccines 

were administered, as the child “has not had routine health care and he was behind in 

some immunizations. Maternal aunt reported his last immunization records show his last 

appointment was on 10/09/2009[,]” more than three years ago. On January 3, the 

maternal aunt reported that Mother had called three times since the December 7 court 

date but had not visited the child and that Father had visited once and called every day. 
7

 After the juvenile court ordered DCFS to interview Father, DCFS filed a 

supplemental report, dated March 19, indicating that it made numerous attempts to reach 

Father but had been unsuccessful and learned from Father’s attorney that Father had not 

responded to calls from his attorney. DCFS’s last contact with Father was January 2 

when Father refused to be interviewed without his attorney present. DCFS had not 

spoken to Mother since December 4 despite numerous attempts to reach her as well. 

Mother too did not respond to calls from her attorney. Although the social worker 

reached Father on March 18, he refused to speak to the social worker without his attorney 

present. Neither parent submitted to drug testing. The maternal aunt reported that 

recently Mother and Father called the child once a week, now together, but had not 

visited him. 

 In a further supplemental report, filed on April 8, DCFS reported that Mother had 

stated that she stopped using methamphetamine, around 2007, before she became 

pregnant with the child. Mother said she had been arrested for possession of 

methamphetamine before the child was born and ordered to complete a drug program in 

2009 or 2010. She stated, “‘When I was using, I used once a month or twice a month. I 

don’t know how much I would use. I would usually snort one line. For a while there, it 

got to be a lot; well, not a lot, maybe three lines a month off and on for five or six years. 

It wasn’t consistent; it was an off and on thing but all before I was pregnant with [the 

child]. I don’t know why the father said that we would use meth routinely together 

and last used in June 2012; that’s not true. [¶] I last used marijuana in September or 

October 2012. I would smoke at my friend[’s] . . . house. . . . I never smoked in our 

home. I’m not sure where [the child] was when I was smoking; maybe with my mom or 

his father. I have never done any other drugs. I obtained my marijuana license a couple 

of months ago because I have a really bad back problem. I got the license but I don’t use 

it. I haven’t tried or used any other drugs in the last six months.’” Father stated, Mother 

“‘hasn’t got[ten] high on methamphetamine since the kid was born. She would use 

methamphetamine once a month to my knowledge. Occasionally, maybe, she smoked 

marijuana but I’m not sure on that. I don’t know even the last time she used marijuana. 
8

We last used meth together over five years ago. We smoked marijuana years ago 

together. I didn’t know that she was smoking marijuana around September or October 

2012.’” 

 As to Father, Mother stated he used methamphetamine on occasion as she did, but 

quit before she became pregnant with the child. Father “‘does have a marijuana license 

because he has two brain aneurisms, [chronic obstructive pulmonary disorder], and 

hemochromatosis.’” Father said that he “‘started using meth when [he] was 18 years old 

and [he] went into the service. [He] smoke[s] marijuana but . . . [has not] smoked pot for 

a couple of weeks. [He] last used meth almost five years ago. When [he] was using, [he] 

would use meth once every four or five months over the last forty years. [He has] use[d] 

marijuana once in [a] while over the last couple of years.’” 

 DCFS indicated that on March 19 the parents were spoken to regarding visitation, 

drug testing and referrals. The social worker offered to come to their home to provide 

them with bus passes, drug testing, referrals, visitation schedules and case plan referrals. 

The parents declined until they could speak to their attorneys. Father stated he lacked the 

ability to come to the DCFS office to obtain the referrals. Mother and Father both 

indicated they would contact their attorneys for approval for the social worker to come to 

the home and call the social worker back, but neither got in touch again with the social 

worker. DCFS arranged a visitation schedule and mailed it to the parents. 

 At the adjudication hearing on April 29, the juvenile court, after considering the 

reports and exhibits and hearing testimony from Mother, concluded that “when this case 

came in [DCFS] had some legitimate concerns about drug use by the parents. Father has 

a very, very lengthy criminal background, including a conviction . . . where he was sent 

to state prison. . . . It includes possession of a controlled substance. And he got sent to 

state prison for a couple of years. Mother also has some criminal history involving 

drugs. . . . I think [DCFS] has some legitimate concerns about parents’ lengthy substance 

abuse histories, both of them. Father’s more so than mother’s. . . . I ordered the parents 

to randomly drug-test on [December 7, the day the petition was filed]. So mother’s 

statements that she doesn’t know that she was supposed to drug-test, I just don’t find very 
9

believable. With respect to grandmother’s statements, I think she was being very honest. 

I do think she had some legitimate concerns. The behaviors that she described, the 

staying up for days at a time, and then sleeping for days at a time is very indicative of 

substance abuse. I don’t find mother’s statements that she was just depressed because of 

the issues with the father to be very persuasive. And it appears that grandmother has seen 

this behavior over the years a number of times.” 

 The juvenile court further determined, “With respect to the statements by parents’ 

counsel that there’s really no nexus, I would disagree with that. Mother testified that the 

last time she saw a doctor for [the child] was two years ago. Actually, . . . it’s more like 

three, and that he was behind with his . . . immunizations. Mother said that the last time 

the child saw a dentist was a year and a half ago. The child had seven cavities. This 

child is only four years old. That’s pretty bad. Somebody is neglecting that child. And 

since mother says that he was in her custody the entire time, and it seems like father was 

partially involved in taking care of the child, you know, that’s really the parents’ neglect. 

So I think that parents’ drug use did affect the child. . . . [U]nder no circumstances should 

a four-year-old have seven cavities. And the lack of seeing a doctor is very concerning, 

because children of this age need to be seen by a physician on a regular basis. As well as 

a dentist. And it does appear that he has some speech delays[,] which need to be worked 

on. So I do think the parents have a substance abuse history.” 

 As to drug testing and visitation, the juvenile court found, “And the fact that [the 

parents] basically refuse to test, I can’t draw a positive inference from that. You know, 

the case has been here quite a while now. . . . Over four months. And the fact that the 

parents haven’t tested at all, not once, is pretty concerning. If you add on top of that 

the limitation in visitation—I think one of them visited one time. I think it was father. 

Mother hasn’t visited at all. That is also very concerning, because these are all types of 

behaviors you see from people who are—have a substance abuse issue and are attempting 

to hide it. And father, who cannot get to drug testing here in Lancaster, is able to get 

down to Tujunga and get a medical marijuana card. Now, I always have concerns when 

people get a medical marijuana card after the case has been filed. I would question 
10

whether this doctor knows much about father’s history. . . . So I didn’t find the mother’s 

testimony to be very persuasive at all. I do think [DCFS] has tried to give [the parents] 

referrals, [it has] tried to provide services, and the parents have just refused. They did 

have the ability to test without the transportation issues for the first couple of months of 

the case after I had ordered them to test on December 7th. They didn’t test then. Now 

they’ve moved to a place where testing will be difficult. But they had the ability earlier, 

and they didn’t do it then either.” 

 Based on these conclusions, the juvenile court declared the child a dependent of 

the court under section 300, subdivision (b), found removal from his parents’ care 

appropriate and continued his placement with the maternal aunt. The court amended the 

language in the section 300, subdivision (b), allegation as to Mother and as to Father to 

eliminate the words “a current abuser” and focus on the “history of illicit drug abuse,” 

adding the words “including use” of methamphetamine and marijuana. It ordered an ondemand test for the parents that day, as well as substance abuse counseling, with random 

and on-demand drug testing, and “parenting and individual counseling to address 

substance abuse issues and relationship issues.” It also ordered the parents to allow the 

social worker to come to their home to help them in obtaining services and determining 

where to drug test. 

 Mother and Father each filed a timely notice of appeal. (§ 395, subd. (a)(1); see 

In re Tracy Z. (1987) 195 Cal.App.3d 107, 112 [jurisdictional findings reviewable on 

appeal from the judgment following disposition].) 

DISCUSSION

 Mother and Father contend that the evidence is insufficient to support the 

jurisdictional findings under section 300, subdivision (b), and that, in any case, the 

juvenile court should not have removed the child from their care. We disagree. 

 “The purpose of section 300 is ‘to identify those children over whom the juvenile 

court may exercise its jurisdiction and adjudge dependents.’ [Citation.]” (In re A.O. 

(2010) 185 Cal.App.4th 103, 110.) To declare a child a dependent under section 300, the 

juvenile court must find by a preponderance of the evidence that the allegations are true. 
11

(In re Matthew S. (1996) 41 Cal.App.4th 1311, 1318; see § 355, subd. (a).) We review 

the court’s findings under section 300 for substantial evidence and will affirm the 

judgment based on those findings if they are supported by reasonable, credible evidence 

of solid value. (Matthew S., at p. 1319.) 

 Under section 300, subdivision (b), the juvenile court may adjudge a child a 

dependent of the court when “[t]he child has suffered, or there is a substantial risk 

that the child will suffer, serious physical harm or illness, as a result of the failure or 

inability of his or her parent . . . to adequately supervise or protect the child . . . .” 

“A jurisdictional finding under section 300, subdivision (b)[,] requires: ‘“(1) neglectful 

conduct by the parent in one of the specified forms; (2) causation; and (3) ‘serious 

physical harm or illness’ to the child, or a ‘substantial risk’ of such harm or illness.” 

[Citation.]’ [Citations.]” (In re James R. (2009) 176 Cal.App.4th 129, 135.) When the 

jurisdictional finding is “based on the parent’s ‘inability . . . to adequately supervise 

or protect the child[]’” DCFS must show “parental unfitness or neglectful conduct.” 

(In re Precious D. (2010) 189 Cal.App.4th 1251, 1254.) 

 As relevant, the sustained section 300, subdivision (b), allegation against Mother 

provided that Mother “has a ten[-]year history of illicit drug abuse, including use of 

methamphetamine and marijuana, which renders the mother unable to provide regular 

care and supervision of the child.” Substantial evidence supports the sustained allegation. 

As of the adjudication hearing on April 29, 2013, Mother had not drug tested once 

since being ordered to do so on December 7, 2012, and she had not visited the child 

at all. She admitted a lengthy history of drug use, but said that she had stopped using 

methamphetamine before becoming pregnant with the child. Both the maternal 

grandmother and maternal aunt, however, recognized signs of drug use in her. In 

particular, when Mother stayed with the maternal grandmother just before inception of 

the dependency proceedings, she stayed awake for several days and then slept for several 

days. In addition, Father reported on one occasion that he and Mother had used 

methamphetamine in June 2012, but later indicated, as Mother had, that they had not used 

the drug after Mother became pregnant with the child. Mother admitted to marijuana use 
12

in September and October 2012. Mother did not provide the child with regular medical 

care, causing him to be behind on his immunizations, as the child did not see a doctor for 

routine care from the time he was one year old until he was four years old and under the 

care of maternal aunt. Mother also did not provide the child with regular dental care. 

He had seven untreated cavities at the age of four years. DCFS was unable to locate 

Mother at certain times, Mother refused to allow the social worker to come to her home 

and Mother did not maintain regular contact with DCFS or her attorney. During the 

dependency proceedings, she was incarcerated for a short period of time, in part because 

she had failed to submit proof of completion of a substance abuse program ordered based 

on a drug possession charge. Mother did not obtain such proof during the dependency 

proceedings. 

 As relevant to Father, the sustained allegation under section 300, subdivision (b), 

provided that Father “has a forty[-]year history of illicit drug abuse, including use of 

methamphetamine and marijuana, which renders the father unable to provide regular care 

and supervision of the child. On 11/27/2012, the father had a positive toxicology screen 

for marijuana.” Substantial evidence supports this allegation as well. Father admitted to 

40 years of using drugs. Although he later changed the dates, he initially acknowledged 

using methamphetamine as late as June 2012. He tested positive for marijuana in 

November 2012, just after DCFS became involved with the child, and then never tested 

again during the dependency proceedings. He said he would die if he used illicit drugs 

because of his health issues, but was using methamphetamine and marijuana regardless 

and obtained a medical marijuana card. He has two convictions for possession of a 

controlled substance, as well as a burglary conviction, and was previously incarcerated. 

He called the child regularly, but visited him only once during the dependency 

proceedings. Father also failed to ensure that the child received regular, routine medical 

and dental care when the child was in his custody. Like Mother, Father refused to allow 

the social worker to come to his home to provide referrals and failed to maintain regular 

contact with DCFS or his attorney. 
13

 Mother’s and Father’s argument that, even if jurisdiction were proper, the 

juvenile court should not have removed the child from their custody pursuant to 

section 361, subdivision (c)(1), also fails.2

 As noted, Mother and Father were using 

drugs in the months before inception of the dependency proceedings and never tested 

once after DCFS had initiated the proceedings. They both admitted lengthy drug 

histories. They failed to visit their son, with Father visiting only once and Mother not 

visiting at all. They did not provide the child with regular, routine medical and 

dental care when he was in their custody. Under these circumstances, substantial 

evidence supports the court’s removal decision under section 361, subdivision (c)(1). 

(In re Henry V. (2004) 119 Cal.App.4th 522, 529 [review standard for removal decision 

under § 361, subd. (c)(1), is substantial evidence].)3

2

 Section 361, subdivision (c)(1), provides that a juvenile court can order removal of 

a dependent child from his or her parent’s physical custody upon clear and convincing 

evidence that “[t]here is or would be a substantial danger to the physical health, safety, 

protection, or physical or emotional well-being of the minor if the minor were returned 

home, and there are no reasonable means by which the minor’s physical health can be 

protected without removing the minor from the minor’s parent’s . . . physical custody.” 

3

 Father also contends that the juvenile court’s modification of the allegation against 

him in sustaining the petition demonstrates that the court failed to “maintain impartiality” 

and denied him the right to a “full and fair hearing.” We disagree. The allegation as 

pleaded against Father incorporated two concepts, first that Father had a 40-year history 

of illicit drug abuse and second that Father was a current abuser of methamphetamine and 

marijuana, both of which rendered him unable to provide regular care and supervision of 

the child. In modifying the allegation, the court merely struck the words “and is a current 

abuser,” deciding not to sustain the allegation on that basis and inserted the words 

“including use” so that the allegation read coherently to provide that Father’s history of 

illicit drug abuse, including use of methamphetamine and marijuana, rendered him unable 

to provide regular care and supervision of the child. Such modification did not alter the 

concept of a history of illicit drug abuse alleged against Father in the petition. 
14

DISPOSITION 

 The judgment is affirmed. 

 NOT TO BE PUBLISHED. 

 ROTHSCHILD, Acting P. J. 

We concur: 

 CHANEY, J. 

 MILLER, J.*

*

 Judge of the Los Angeles Superior Court, Assigned by the Chief Justice pursuant 

to article VI, section 6 of the California Constitution.