People v. Mbaabu, 213 Cal.App.4th 1139, ____, 152 Cal.Rptr.3d 818, 825 (4th Dist. Feb. 14, 2013) (Finally, defendant did not demonstrate diligence in pursuing his remedies by failing to appeal the denial of his original motion, given that Padilla had already been decided, and was cited by defendant, when the first motion was made.).