People v. Shaw CA2/8

Filed 10/28/20 P. v. Shaw CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B298177

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA458328) v.

KIMBERLY ANNE SHAW et al.,

Defendants;

AERO INSTITUTE,

Real Party in Interest and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mary Lou Villar, Judge. Affirmed. Law Offices of Russell G. Petti and Russell G. Petti for Real Party in Interest and Appellant.

Jackie Lacey, District Attorney, John Niedermann and Kenneth Von Helmolt, Deputy District Attorneys, for Plaintiff and Respondent. No appearance for Defendants. ____________________ The Los Angeles District Attorney alleged a nonprofit’s president and secretary, together with a mayor, schemed illegally to divert the nonprofit’s funds. The trial court granted the prosecution’s requests for temporary restraining orders freezing the nonprofit’s bank accounts under Penal Code section 186.11. While the criminal cases were ongoing, the court denied the nonprofit’s request to dissolve the injunctions. The nonprofit appeals this decision. We affirm. All undesignated statutory references are to the Penal Code. I The appellant is AERO Institute, a nonprofit with a mission of “educating the public regarding aerospace and STEM [Science, Technology, Engineering, and Math].” AERO’s main source of revenue has been cooperative agreements with the National Aeronautics and Space Administration (NASA). Kimberly Anne Shaw and Susan Burgess Miller worked for AERO. Bank records, corporate documents, and federal tax documents call Shaw AERO’s president, president and CEO, or operations manager. Those records call Miller AERO’s secretary or “Secretary/Treasurer.” On June 21, 2017, the People filed a felony complaint against Shaw, Miller, and James Coleman Ledford. At the time, Ledford was the mayor of the City of Palmdale.