P.

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. The traffic accident. On February 22, 2010, Angela Posada and her boyfriend Gustavo Cesena went to defendant Ramirez’s house in Baldwin Park. Cesena and Ramirez were friends. At about 9:00 p.m., Posada, Cesena, Ramirez and Edward Kim drove in Kim’s Honda Accord to a storage unit in Walnut. Ramirez and Kim got out. When they returned, they placed something inside the passenger side door panel of the Accord. Ramirez was now driving with Kim in the front passenger seat, and Cesena and Posada in the back. Ramirez took Grand Avenue to the entrance of the 10 freeway. The on-ramp consisted of two lanes which then merged into a single freeway lane. As Edgar Ferman entered the on-ramp, a Honda Civic driven by Gary Chaboya was in front of him. Ferman saw Ramirez come speeding up from behind, move into the right lane in order to pass him, and then pass Chaboya’s Civic by driving on the shoulder. As Ramirez passed the Civic he sideswiped it. Chaboya first noticed the Accord when it hit the passenger side of his car as he was about…