supreme court minutes wednesday, may 9, 2018 san …

640

SUPREME COURT MINUTES

WEDNESDAY, MAY 9, 2018

SAN FRANCISCO, CALIFORNIA

AMENDED*

S242890 A151583 First Appellate District, Div. 3 APIGEE CORPORATION v.

S.C. (BECK)

Dismissal order filed

We granted review in this matter and deferred further action pending the decision of the United

States Supreme Court in Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439.

The high court filed its decision in that matter on March 20, 2018, and that decision is now final.

Because the decision affirmed the existence of concurrent jurisdiction for class actions under the

Securities Act of 1933 (15 U.S.C. section 77a et seq.) in state court, review in this matter is

dismissed. Petitioners’ “Motion to Withdraw Petition for Review” is denied as moot.

Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S243062 B270513 Second Appellate District, Div. 2 HART (WAYNE) v. DARWISH

(BARBARA)

Transferred to Court of Appeal, Second Appellate District, Division Two, after hold

Review in the above-captioned matter, which was granted and held for Parrish v. Latham &

Watkins (2017) 3 Cal.5th 767, is hereby dismissed (Cal. Rules of Court, rule 8.528(b)(1)).

Accordingly, respondents’ ‘Motion to Dismiss Review,’ filed on April 26, 2018, is dismissed as

moot.

Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S246936 B275821 Second Appellate District, Div. 6 PEOPLE v. CERVANTES

(ENRIQUE)

Petitions for review denied

S247007 B278681 Second Appellate District, Div. 1 PEOPLE v. MILLER

(JENNIFER MAE)

Petition for review denied

S247049 B283997 Second Appellate District, Div. 5 PEOPLE v. WELLS

(JOHNNIE JABAAR)


SAN FRANCISCO MAY 9, 2018 641

S247163 C080909 Third Appellate District PEOPLE v. BECKER

(JOSEPH PAUL)


S247242 B268501 Second Appellate District, Div. 7 PEOPLE v. MITCHELL

(JEREMY QUWAN)


S247243 B272273 Second Appellate District, Div. 5 WEST (VAL) v. ARENT FOX

LLP


S247248 B276479 Second Appellate District, Div. 7 PEOPLE v. QUEL (RICARDO)


S247250 F077014 Fifth Appellate District PATTERSON FROZEN

FOODS, INC. v. S.C. (TRAINA

PACIFIC, LLC)


S247263 H043080 Sixth Appellate District PEOPLE v. VERDEN

(CHANNING PARKER)


S247264 G053255 Fourth Appellate District, Div. 3 PEOPLE v. STREMPLE

(ANTHONY ALFREDO)


S247284 B280391 Second Appellate District, Div. 1 PEOPLE v. LUONG (QUANG

CHI)


S247285 H042184 Sixth Appellate District PEOPLE v. HUYNH

(MICHAEL)

Petition for review denied; CA opinion decertified

The petition for review is denied. On the Court’s own motion, the Court of Appeal’s Opinion is


ordered depublished. The Reporter of Decisions is directed not to publish in the Official

Appellate Reports the opinion in the above-entitled appeal filed January 19, 2018, which appears

at 19 Cal.App.5th 680. (Cal. Rules of Court, rule 8.1125.)

S247293 B276525 Second Appellate District, Div. 5 PEOPLE v. SNEED

(VERSHONDA C.)


S247312 A148136 First Appellate District, Div. 1 PEOPLE v. OLIVIER (DAVID

LAWRENCE)


S247322 A150330 First Appellate District, Div. 5 PEOPLE v. GARROD (MARY

JANE)


S247323 B283132 Second Appellate District, Div. 5 KERKORIAN (KIRK),

ESTATE OF


S247325 A150659 First Appellate District, Div. 1 PEOPLE v.

REGALADO-GODOY

(FRANCISCO)


S247336 E066087 Fourth Appellate District, Div. 2 PEOPLE v. ESTRADA

(JOSHUA SANTINO)


S247342 A148440 First Appellate District, Div. 2 PEOPLE v. HARDEMAN

(BOBBY RAY)


S247353 B286494 Second Appellate District, Div. 3 NUNEZ (DANIEL) v. S.C.

(PEOPLE)



S247366 B275489 Second Appellate District, Div. 6 PEOPLE v. WHITE (DIRCK

MORGAN)


S247373 E066430 Fourth Appellate District, Div. 2 PEOPLE v. HUBER (CHAD

ISAAC)


S247382 H042282 Sixth Appellate District PEOPLE v. LOPEZ (CARLOS

DAVID)


S247390 B259535/B264669 Second Appellate District, Div. 3 COOPER (AUDREY) v. SDLA

PROPERTIES, L.P.


S247406 B280781 Second Appellate District, Div. 4 PEOPLE v. TAYLOR

(MONTRELL LAMONTE)

Petition for review & depublication request(s) denied

S247408 D073413 Fourth Appellate District, Div. 1 UHURU (KOHEN DIALLO) v.

PARAMO (DANIEL)


S247409 A140841 First Appellate District, Div. 2 PEOPLE v. JOHNSON

(KALANN R.)


S247424 D069241 Fourth Appellate District, Div. 1 PEOPLE v. LOPEZ-FRAUSTO

(EDGAR)


S247441 H040822 Sixth Appellate District PEOPLE v. CHAMBERS

(GEOFFREY RAYNARD)



S247446 G054981 Fourth Appellate District, Div. 3 CALIFORNIA

SELF-INSURERS’ SECURITY

FUND v. S.C. (ACTIVCARE

LIVING)


S247460 PEOPLE v. HARRIS (IONON

B.)


S247461 PATTERSON (LONNIE

CRAIG) v. CITY OF YUBA

CITY

Request for certification denied

The request, made pursuant to California Rules of Court, rule 8.548, for this court to decide

questions of California law presented in a matter pending in the United States Court of Appeals

for the Ninth Circuit, is denied. (See McCutchen v. City of Montclair (1999) 73 Cal.App.4th 1138

and Greene v. Bank of America (2015) 236 Cal.App.4th 922.)

S247464 A153295 First Appellate District, Div. 3 HARRELL (HULEN T.) v.

ALAMEDA COUNTY

SHERIFF’S DEPARTMENT


S247469 D071449 Fourth Appellate District, Div. 1 PEOPLE v. RILEY (ALLAN

DAVID)


S247475 H043897 Sixth Appellate District PEOPLE v. THYNE

(CHRISTOPHER CHARLES)


S247476 A148665 First Appellate District, Div. 3 PEOPLE v. EVANS

(KRYSTAL STARR)



S247480 A152990/A153051 First Appellate District, Div. 5 PITTSBURG, CITY OF v.

WORKERS’

COMPENSATION APPEALS

BOARD


The request for attorney fees is denied.

S247482 B283187 Second Appellate District, Div. 4 VERA (DAVID) v. US

BANKCARD SERVICES, INC.


S247483 B277905 Second Appellate District, Div. 1 LOZA (SERAFIN) v. U.S.

BANCORP INVESTMENTS,

INC.


S247490 B279218 Second Appellate District, Div. 2 PEOPLE v. LABEAUX

(CHARLES)


S247492 A149929 First Appellate District, Div. 2 IN RE ZION Y.


S247495 B277516 Second Appellate District, Div. 2 PEOPLE v. FARFAN (JOSUE)


S247496 H041769 Sixth Appellate District PEOPLE v. SERNA

(NORBERTO)


S247497 B262569 Second Appellate District, Div. 2 PEOPLE v. ANDRADE, JR.,

(ARTHUR ANDREW)



S247499 C078719 Third Appellate District LARSEN (WYATT) v. CITY

OF FOLSOM


S247502 C078282 Third Appellate District PEOPLE v. LEONARD

(JOSEPH PAUL)


S247504 E066037 Fourth Appellate District, Div. 2 PEOPLE v. VALENCIA (JOSE

ALBERTO)


S247505 B282225 Second Appellate District, Div. 1 PEOPLE v. MONGE

(CARLOS)


S247512 B287223 Second Appellate District, Div. 2 SILVER (DAVID) v.

WORKERS’


BOARD & WORKMAN

CONSTRUCTION INC.


S247515 G055165 Fourth Appellate District, Div. 3 SALAS (RICARDO) v. S.C.

(PEOPLE)


S247516 B280638 Second Appellate District, Div. 2 PEOPLE v. NEWMAN

(CHARLES)


S247524 B278052 Second Appellate District, Div. 1 TIKOSKY (JACOB) v.

YEHUDA (YORAM)



S247527 B270172 Second Appellate District, Div. 3 CANDELORE (ALLAN) v.

TINDER, INC.


S247530 B269524 Second Appellate District, Div. 3 PEOPLE v. COLLINS (GLEN

DALE)


S247541 B272097 Second Appellate District, Div. 8 PASTERNACK (LAWRENCE)

v. McCULLOUGH, JR.,

(THOMAS B.)

Petition for review & publication request(s) denied

S247545 F072774 Fifth Appellate District PEOPLE v. BLINKS

(DONTRELL)


S247548 A147623 First Appellate District, Div. 2 PEOPLE v. PATINO (OSCAR

GILBERTO)


S247551 H041647 Sixth Appellate District PEOPLE v. OMAR

(MOHAMMED)


S247561 B271312 Second Appellate District, Div. 3 GONZALEZ (JUAN) v. LEW

(WAYNE BILL)


S247586 A153758 First Appellate District, Div. 4 ROSE (SAI STEPHEN) v. S.C.

(ROSE-CAMPBELL)


S247591 F072037 Fifth Appellate District PEOPLE v. GRAHAM

(ROBERT LEE)



S247601 C086527 Third Appellate District CRITTENDEN (STEVEN

EDWARD) v. S.C. (PEOPLE)


S247641 G053479 Fourth Appellate District, Div. 3 PEOPLE v. MANRIQUEZ-

FERNANDEZ (VICTOR

CARMEN)


S247651 G054142 Fourth Appellate District, Div. 3 PAGE (MARJORIE) v.

MISSION HOSPITAL


S247653 E065468 Fourth Appellate District, Div. 2 PEOPLE v. HAGE

(CHARLES)


S247655 STEPHEN (JIMMIE) v.

LEWIS (J.)


S247663 B281121 Second Appellate District, Div. 7 PEOPLE v. CORDOVA (SAUL

ANGEL VALENZUELA)


S247668 G053662 Fourth Appellate District, Div. 3 PEOPLE v. GUYTON, JR.,

(JOHNNY LEE)


S247697 A153669 First Appellate District, Div. 3 HARRELL (HULEN T.) v. S.C.

(ALAMEDA COUNTY

SHERIFF’S DEPARTMENT)



S247699 E067442 Fourth Appellate District, Div. 2 PEOPLE v. NUNEZ

(ALEXANDER BELTRAN)


S247701 B287655 Second Appellate District, Div. 1 SCOTT (DONYELL) ON H.C.


S247702 F018043 Fifth Appellate District PEOPLE v. XIONG (YENG)


The request for judicial notice is granted.

S247717 C075194 Third Appellate District PEOPLE v. DANIELS, JR.,

(LANDRY LEMELL)


S247723 B278139 Second Appellate District, Div. 6 PEOPLE v. OOMERJEE

(MEHMOOD S.)


S247732 B288462 Second Appellate District, Div. 7 MARTIN (CENTIA) ON H.C.


S247735 B282390 Second Appellate District, Div. 6 PEOPLE v. LOPEZ

(GREGORIO GOMEZ)


S247737 A150350 First Appellate District, Div. 2 PEOPLE v. FUIMAONO

(FESUIAI SOLI)


S247741 H043429 Sixth Appellate District PEOPLE v. SPAIN (JORGE

LUIS)



S247759 G055979 Fourth Appellate District, Div. 3 SENATOR (BRUCE) v.

QUAKER OATS COMPANY


S247761 B193719 Second Appellate District, Div. 7 PEOPLE v. WARD (EUGENE

HAROLD)


S247762 E067600 Fourth Appellate District, Div. 2 PEOPLE v. CALDON

(CHARLES JOSEPH)


S247763 C086606 Third Appellate District ANDERSON (DION) v. S.C.

(PEOPLE)


S247764 D072183 Fourth Appellate District, Div. 1 PEOPLE v. FLOURNOY

(MAURICE)


S247771 G054577 Fourth Appellate District, Div. 3 PEOPLE v. GUERRERO-

JASSO (JOEL)


S247788 F072736 Fifth Appellate District PEOPLE v. VASQUEZ

(FRANK)


S247789 F072699 Fifth Appellate District PEOPLE v. THOMAS (HOSH

DEION)


S247793 D073008 Fourth Appellate District, Div. 1 PEOPLE v. HOWARD (TED

PRESTON)



S247813 A151454 First Appellate District, Div. 2 HILL (DEANDRE MAURICE)

ON H.C.


S247818 B280760 Second Appellate District, Div. 6 PEOPLE v. MOORE

(STEVEN)


S247833 A148176 First Appellate District, Div. 4 PEOPLE v. COCA (THOMAS)


S247835 G053536/G053842/G054135

Fourth Appellate District, Div. 3 NGUYEN (TUYEN DUC) v.

HSBC BANK USA, N.A.


Chin, J., was recused and did not participate.

S247836 F072915 Fifth Appellate District PEOPLE v. WEATHERS

(ERNEST)


S247838 D073118 Fourth Appellate District, Div. 1 PEOPLE v. SUMPTER, JR.,

(WILLIAM OLIVER)


S247840 E064339 Fourth Appellate District, Div. 2 PEOPLE v. MORGAN

(ARSENIO DEVO)


S247841 A149096 First Appellate District, Div. 5 CLARKE (MATTHEW W.) &

AKEL (CLAUDIA G.),

MARRIAGE OF



S247846 F077028 Fifth Appellate District ROUSER (WILLIAM) ON

H.C.


S247847 A144380 First Appellate District, Div. 2 PEOPLE v. SMITH (DONTE

MARQUEE)


S247872 C086524 Third Appellate District JUNKIN (ANTHONY) ON

H.C.


S247873 B276973 Second Appellate District, Div. 6 PEOPLE v. KNIGHT

(TIMOTHY PAUL)


S247874 F071990 Fifth Appellate District PEOPLE v. SOLIS (EDGAR)


S247878 B283325 Second Appellate District, Div. 5 IN RE A.U.


S247893 E066277 Fourth Appellate District, Div. 2 PEOPLE v. BROOKS (TYRIES

KEIMON)


S247912 C076210 Third Appellate District PEOPLE v. DIAZ (JAMES

ARTURO)


S247917 D073686 Fourth Appellate District, Div. 1 PEOPLE v. BURTON (ERIC

WILTON)



S247918 C083707 Third Appellate District PEOPLE v. HILL (JAMES

LEE)


S247920 B276646 Second Appellate District, Div. 4 PEOPLE v. CHANEY

(JARRED E.)


S247925 D073504 Fourth Appellate District, Div. 1 PEOPLE v. DUNSMORE

(DARRYL)


S247928 B270939 Second Appellate District, Div. 3 PEOPLE v. COLEMAN

(ALLIS TROY)


S247936 E066364/E066677 Fourth Appellate District, Div. 2 PEOPLE v. JACKSON, SR.,

(CORIN ROY)


S247938 C086655 Third Appellate District ANDERSON (DION) ON H.C.


S247939 B278421 Second Appellate District, Div. 1 PEOPLE v. KOROMAH

(LAMUJADU)


S247941 G053572 Fourth Appellate District, Div. 3 PEOPLE v. PARRAGUIRRE

(ERNESTO)


S247942 F077113 Fifth Appellate District ROUSER (WILLIAM) ON

H.C.



S247943 C083367 Third Appellate District PEOPLE v. SHEARER

(PETER BRIAN)


S247948 E065976 Fourth Appellate District, Div. 2 PEOPLE v. FUENTES

(CARLOS LINARES)


S247949 B286388 Second Appellate District, Div. 3 SILVA (ANTONIO) ON H.C.


S247950 A146650 First Appellate District, Div. 3 PEOPLE v. ALDRICH

(ELIZABETH MARGARET)


S247952 B279701 Second Appellate District, Div. 6 ROBERT CAREY

CONTRACTOR v.

CASAMENTO (MARY);

OXNARD PLUMBING CO.,

INC.


S247953 E065805 Fourth Appellate District, Div. 2 PEOPLE v. MENDEZ

(JONATHAN ANTHONY)


S247956 A153892 First Appellate District, Div. 3 HARRELL (HULEN T.) v. S.C.

(PEOPLE)


S247960 A150160 First Appellate District, Div. 3 (S.) JUDY v. ORBISON (PIL

LEE)

The petition for review is denied. The court declines to review this matter on its own motion.

The matter is now final.


S247961 B288306 Second Appellate District, Div. 2 SCOTT (FLOYD) v. S.C.

(CALIFORNIA

CORRECTIONAL HEALTH

CARE SERVICES)


S247964 B287776 Second Appellate District, Div. 5 LOS ANGELES COUNTY

METROPOLITAN

TRANSPORTATION

AUTHORITY v. WORKERS’


BOARD & ESTEL (JOHN)


S247968 A149697 First Appellate District, Div. 3 PEOPLE v. WARREN

(BERNARD)


S247969 E067604 Fourth Appellate District, Div. 2 IN RE M.A.

Petition for review denied; CA opinion decertified

The petition for review is denied. On the Court’s own motion, the Court of Appeal’s Opinion is

ordered depublished. The Reporter of Decisions is directed not to publish in the Official

Appellate Reports the opinion in the above-entitled appeal filed February 26, 2018, which appears

at 20 Cal.App.5th 899. (Cal. Rules of Court, rule 8.1125.)

S247970 B281787 Second Appellate District, Div. 1 PEOPLE v. HERNANDEZ

(GUILLERMO GARCIA)


S247974 D071682 Fourth Appellate District, Div. 1 PEOPLE v. LOPEZ (JOHN

ANTHONY)


S247977 G053839 Fourth Appellate District, Div. 3 BORNSTEIN (AARON) v.

SONIC AUTOMOTIVE, INC.



S247980 C083155 Third Appellate District IN RE C.G.


S247982 B278995 Second Appellate District, Div. 8 PEOPLE v. MOMPELLER

(ANTHONY ENRIQUE)


S247986 H044289 Sixth Appellate District PEOPLE v. PRICE

(JONATHAN AMORAE)


S247987 E066780 Fourth Appellate District, Div. 2 PEOPLE v. TRUJILLO

(DANIEL)


S247992 G054708 Fourth Appellate District, Div. 3 PEOPLE v. AGUILAR

(RODOLFO)


S247995 B281892/B284171 Second Appellate District, Div. 1 IN RE S.J.


S247997 B283894 Second Appellate District, Div. 8 PEOPLE v. WASHINGTON

(RODERICK)


S248009 D073669 Fourth Appellate District, Div. 1 PEOPLE v. BURTON (ERIC)


S248019 A149613 First Appellate District, Div. 3 SAN FRANCISCO, CITY &

COUNTY OF v. LONG

(ORZELL)



S248026 B284222 Second Appellate District, Div. 8 PEOPLE v. NUNEZ (JOSE)


S248040 B265906 Second Appellate District, Div. 1 DACM PROJECT

MANAGEMENT, INC. v.

CADE (SHERRY HACKNEY)


S248048 D073015 Fourth Appellate District, Div. 1 PEOPLE v. LITTLEFIELD

(RONALD JAMES)


S248373 B289169 Second Appellate District, Div. 7 SIEMENS CONVERGENCE

CREATORS HOLDING

GMBH v. S.C. (EVAMETA,

LLC)

Petition for review & application for stay denied

S248379 H045110 Sixth Appellate District STILWELL (TED) v. S.C.

(FIRST ALARM)

Petition for review & application for stay denied

S241354 MARSHALL (RUDOLPH

EDWARD) ON H.C.

Petition for writ of habeas corpus denied

S244750 YOKELY (SHON RAMONE)

ON H.C.


S245710 JOHNSON (TYRONE E.) ON

H.C.


S246110 ENNIS (RITA) ON H.C.



S246226 EDWARDS (REGINALD) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive].) Individual

claims are denied, as applicable. (See In re Dixon (1953) 41 Cal.2d 756, 759 [courts will not

entertain habeas corpus claims that could have been, but were not, raised on appeal]; In re Miller

(1941) 17 Cal.2d 734, 735 [courts will not entertain habeas corpus claims that are repetitive].)

S246299 TOTI (GARY ALBERT) ON

H.C.


S246408 WEST (DEWEY MAURICE)

ON H.C.


S246514 DUENAS (HERACLIO) ON

H.C.


S246528 BATTEN (TRAVIS

DEWAYNE) ON H.C.

The petition for writ of habeas corpus and motion to augment the record on habeas corpus are

denied.

S246533 TRUJILLO (JESSE OMAR)

ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Villa (2009) 45 Cal.4th 1063,

1066 [habeas corpus relief is unavailable where the petitioner is not in the custody of California

authorities as a result of the challenged conviction].)

S246537 CRUMP (STEVE) ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive].)


S246540 BERRYMAN (JAMES J.) ON

H.C.


S246609 BROWNLEE (TERRENCE)

ON H.C.


[courts will not entertain habeas corpus claims that are untimely]; In re Miller (1941) 17 Cal.2d

734, 735 [courts will not entertain habeas corpus claims that are repetitive].)

S246633 WEST, JR., (MACK) ON H.C.


S246654 ALLEN (BRUCE) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege

sufficient facts with particularity].) Individual claims are denied, as applicable: (See In re Dixon

(1953) 41 Cal.2d 756, 759 [courts will not entertain habeas corpus claims that could have been,

but were not, raised on appeal]; In re Lindley (1947) 29 Cal.2d 709, 723 [courts will not entertain

habeas corpus claims that attack the sufficiency of the evidence].)

S246664 AYOBI (SHAJIA) ON H.C.




S246708 ROSAS (JOSE) ON H.C.



734, 735 [courts will not entertain habeas corpus claims that are repetitive].) Individual claims

are denied, as applicable: (See In re Waltreus (1965) 62 Cal.2d 218, 225 [courts will not entertain

habeas corpus claims that were rejected on appeal]; In re Lindley (1947) 29 Cal.2d 709, 723

[courts will not entertain habeas corpus claims that attack the sufficiency of the evidence].)

S246721 SPADE (ALVIN) ON H.C.



S246806 PAUL (EMERSON) ON H.C.


S246812 ESPINO (MARTIN SOTO) ON

H.C.


S246870 MACIAS (RAYMOND D.) ON

H.C.



evidence].)

S246875 TORRES (MARIO) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769

[courts will not entertain habeas corpus claims that are successive]; People v. Duvall (1995) 9

Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably available

documentary evidence].)

S246879 BURTON (HARRISON

LORENZO) ON H.C.




S246903 MARTINEZ (JOSHUA) ON

H.C.


S246948 DOMINGUEZ (FRANKIE) ON

H.C.


S246956 SHARONOFF (KENNETH

ALLEN) ON H.C.




750, 767-769 [courts will not entertain habeas corpus claims that are successive].) Individual

claims are denied, as applicable: (See In re Dixon (1953) 41 Cal.2d 756, 759 [courts will not

entertain habeas corpus claims that could have been, but were not, raised on appeal]; In re Miller


S246957 REYNOLDS (FERDINAND)

ON H.C.




S246961 HAYNIE (DONELL) ON H.C.




sufficient facts with particularity].)

S246962 ROBINSON (KENNY) ON

H.C.


S246963 ANTHONY (MICHAEL) ON

H.C.


S246965 LOPEZ (MARIO) ON H.C.





S246976 VAZQUEZ (OSWALDO) ON

H.C.



S247012 SALGADO (ELIAS P.) ON

H.C.


S247014 KITCHEN (RAJI M.) ON H.C.


S247019 CARRILLO (EDGAR) ON

H.C.


S247020 DEAN, JR., (LAWRENCE

LEE) ON H.C.


S247039 HARRINGTON (BRIAN

WILLIAM) ON H.C.


S247071 BAZZO (FRANK MONACO)

ON H.C.


S247072 MENDEZ (GABRIEL) ON

H.C.


S247086 WILDEE (BERNARD L.) ON

H.C.

The petition for writ of habeas corpus is denied. Individual claims are denied, as applicable. (See

In re Waltreus (1965) 62 Cal.2d 218, 225 [courts will not entertain habeas corpus claims that were

rejected on appeal]; People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for writ of habeas

corpus must include copies of reasonably available documentary evidence]; In re Swain (1949) 34

Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient facts with

particularity].)


S247088 BOHANNAN (KELLY LEE)

ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive]; People v. Duvall

(1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably

available documentary evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of

habeas corpus must allege sufficient facts with particularity].)

S247093 LOLLIS (WILLIAM

MATTHEW) ON H.C.

The petition for writ of habeas corpus and request for stay are denied.

S247096 BOOKER (RANDY CHEVEL)

ON H.C.


S247105 AYALA (JOSE ANGEL) ON

H.C.


S247109 KIMBRO (RICHARD) ON

H.C.




S247117 ANONUEVO (RYAN S.) ON

H.C.





S247123 THOMAS (OTIS MICHAEL)

ON H.C.





S247124 WALLACE (ERIC) ON H.C.


S247125 JONES (HENRY A.) ON H.C.


S247147 WILLIAMS (RAYMOND L.)

ON H.C.


S247184 VILLAREAL (HUMBERTO

A.) ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive]; In re Miller


S247191 GROGAN (ROBERT

ANTHONY) ON H.C.


S247192 VERCHER (IVAN R.) ON H.C.


S247225 NOLDEN III (SCOTT) ON

H.C.


[courts will not entertain habeas corpus claims that are successive]; In re Miller (1941) 17 Cal.2d


S247228 MIGHTY (KINSLEY ISAIAH)

ON H.C.



S247231 SIMS (JERMAYNE) ON H.C.





S247232 KURBEGOVICH

(MUHAREM) ON H.C.




S247233 CAPPEL (TAMMY ANN) ON

H.C.


S247234 ODEN (WILBERT J.) ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive]; In re Miller


Individual claims are denied, as applicable: (See In re Waltreus (1965) 62 Cal.2d 218, 225

[courts will not entertain habeas corpus claims that were rejected on appeal]; In re Miller (1941)

17 Cal.2d 734, 735 [courts will not entertain habeas corpus claims that are repetitive].)

S247270 JORGENSON (BaSHAY

EDWARD) ON H.C.


S247273 McCARTY, JR., (KENNETH

GERALD) ON H.C.


S247287 GUTIERREZ (ARISTIDES

ARGUETA) ON H.C.






S247289 CARRAFA (JOAN LaRAE)

ON H.C.


S247291 SHANNON (BRIAN) ON H.C.


S247297 VIET (ROGER) ON H.C.


S247439 VERCHER (IVAN R.) ON H.C.


[courts will not entertain habeas corpus claims that are successive].)

S247440 SCOTT (RAYMOND) ON H.C.


S247442 NEALE, JR., (JOSEPH) ON

H.C.



evidence].)

S247443 RILEY (SHANNON) ON H.C.


S247447 ROSSES (FABIAN LAMAR)

ON H.C.






S247459 DELGADO (FRANCISCO

IGNACIO) ON H.C.


S247463 UMAÑA (MARIO E.) ON H.C.




S247465 McCRUMB (WILLIAM PAUL)

ON H.C.


S247690 NEWMAN (CHARLES) ON

H.C.


S247753 TORRES (MARIO) ON H.C.


S248200 BEAULIEU (HAYDEN) ON

H.C.


S248219 MCCLOUR (CHRISTOPHER

S.) ON H.C.



evidence]; In re Dexter (1979) 25 Cal.3d 921, 925-926 [a habeas corpus petitioner must exhaust

available administrative remedies]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of

habeas corpus must allege sufficient facts with particularity].)

S247179 B265822 Second Appellate District, Div. 6 LEVITES (JAY) v. MISTER

(JACQUELYN)

Publication request denied (case closed)


S247394 D071231 Fourth Appellate District, Div. 1 SARNECKY (JAMES) v.

D’AMATO CONVERSANO,

INC.


S247414 B281433 Second Appellate District, Div. 1 IN RE J.A.


S247519 G053993 Fourth Appellate District, Div. 3 FLORES (HENRY D.) v.

HAUGHEY (SUZANNA)


S247587 A150920 First Appellate District, Div. 5 CORDOVA (MIKE ALEX &

CARMEN), MARRIAGE OF

Publication requests denied (case closed)

S247671 B266663/B268812 Second Appellate District, Div. 2 CAMPOS (YUNUEN) v.

KENNEDY (JOHN M.)


S248020 B280986 Second Appellate District, Div. 4 TODAY’S FRESH START

CHARTER SCHOOL v.

INGLEWOOD UNIFIED

SCHOOL DISTRICT

Depublication requests denied (case closed)

The requests for an order directing depublication of the opinion in the above-entitled appeal are

denied.

The court declines to review this matter on its own motion. The matter is now final.

S197781 PEOPLE v. REED (DAVID

JOHN)

Extension of time granted

Based upon Supervising Deputy Attorney General Robin Urbanski’s representation that the

respondent’s brief is anticipated to be filed by August 13, 2018, an extension of time in which to

file that brief is granted to July 16, 2018. After that date, only one further extensions totaling

about 28 additional days is contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)


S219382 PEOPLE v. THOMAS

(HILBERT PINEIL)


On application of appellant, it is ordered that the time to serve and file appellant’s opening brief is

extended to July 6, 2018.

S230782 PETERSON (SCOTT LEE) ON

H.C.


Based upon counsel Fred Renfroe’s representation that the reply to the informal response to the

petition for writ of habeas corpus is anticipated to be filed by August 10, 2018, an extension of

time in which to file that document is granted to July 9, 2018. After that date, only one further

extensions totaling about 31 additional days is contemplated.

S244983 FIELDS (COREY R.) ON H.C.


On application of respondent and good cause appearing, it is ordered that the time to serve and file

the informal response is extended to June 13, 2018.

S245203 D072171 Fourth Appellate District, Div. 1 FACEBOOK, INC. v. S.C.

(TOUCHSTONE)

Extension of time denied

The application of the California Public Defenders Association and the Public Defender of

Ventura County for an extension of time to file a joint application to appear as amicus curiae in

support of real party in interest Lance Touchstone is denied without prejudice to their requesting

permission to file a supplemental brief as amicus curiae after the decision in Facebook, Inc. et al.

v. Superior Court (Hunter et al.) (S230051) is filed.

S245783 EWING (CHRISTOPHER) ON

H.C.


On application of respondent and good cause appearing, it is ordered that the time to serve and file

the informal response is extended to June 13, 2018.

S247044 B271368 Second Appellate District, Div. 7 PEOPLE v. FONTENOT

(JOHN)

Counsel appointment order filed

Upon request of appellant for appointment of counsel, Michael Allen is hereby appointed to

represent appellant on the appeal now pending in this court.


Appellant’s brief on the merits must be served and filed on or before thirty (30) days from the date

of this order.

S247197 D071517 Fourth Appellate District, Div. 1 PEOPLE v. CAVALIER

(MARCOS)


Upon request of appellant for appointment of counsel, Cathryn L. Rosciam is hereby appointed to


S247279 D071414 Fourth Appellate District, Div. 1 PEOPLE v. LITTLE

(ANTHONY DUANE)


Upon request of appellant for appointment of counsel, Kent D. Young is hereby appointed to


S247306 B280063 Second Appellate District, Div. 4 PEOPLE v. BURRELL

(TYRRAN D.)


Upon request of appellant for appointment of counsel, Cindy Brines is hereby appointed to


S190702 SOLOMON, JR., (MORRIS)

ON H.C.

Motion for access to sealed record granted

Petitioner’s “Motion for an Order Allowing Counsel to Inspect and Copy Sealed and Confidential

Documents in the Record on Appeal,” filed February 5, 2018, is granted in part as follows.

Counsel for petitioner, the Habeas Corpus Resource Center, is granted access to the materials in

People v. Solomon, No. S029011, including all of the sealed and confidential materials, except the

“Augmented Clerk’s Transcript: Sealed Documents,” pages 5187-5192. Counsel must supply the

personnel and equipment necessary to undertake the review and copying of the records, which

must occur on the court’s premises. Counsel must not release or cause to be released any of the

sealed or confidential material or any of the information contained therein to anyone other than

counsel’s agents without a prior order of this court.

S196185 PEOPLE v. MACIAS

(ARMANDO)

Record correction granted

Appellant’s “Motion to Correct the Record,” filed March 26, 2018, is granted in part, as follows.

The Clerk is directed to return discs 1 and 2 of publicly filed electronic version of the reporters’


transcripts to the Superior Court of California, County of Orange. The superior court is directed

to resubmit, to this court and counsel for the parties, a publicly accessible electronic version of the

record that does not contain any sealed materials. (See Cal. Rules of Court, rule 8.46(b)(1).)

Specifically, file “11-03-29-AJM” must not contain 7 RT 1253-1254, and file “11-05-04-AJM”

must not contain 16 RT 2613-2616.

The superior court is directed to comply with the foregoing directions by June 8, 2018.

In all other respects, the motion is denied.

S179850 DYDZAK ON DISCIPLINE

Motion denied – DANIEL DAVID DYDZAK

The motion to reopen disciplinary case and reverse, set aside, or vacate disbarment order is

denied.

S232034 ENGEL ON DISCIPLINE

Motion denied – JULIUS MICHAEL ENGEL

The motion to pay disciplinary costs in installments is denied.

S238645 ENGEL ON DISCIPLINE

Motion denied – JULIUS MICHAEL ENGEL

The motion to pay disciplinary costs in installments is denied.

S247185 ACCUSATION OF DIAZ

Petition denied (accusation)

S247570 ACCUSATION OF JACINTO


S247738 ACCUSATION OF ZURKO


S247830 ACCUSATION OF TURNER


S247858 ACCUSATION OF

CAMERON



S247926 ACCUSATION OF

MITCHELL III


S248102 ACCUSATION OF ORTIZ


S246170 COLE ON DISCIPLINE

Petition for review denied; disbarred

The petition for review is denied.

The court orders that BRUCE ALAN COLE, State Bar Number 68770, is summarily disbarred

from the practice of law and that his name is stricken from the roll of attorneys.

BRUCE ALAN COLE must comply with California Rules of Court, rule 9.20, and perform the

acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively,

after the effective date of this order.

Costs are awarded to the State Bar in accordance with Business and Professions Code section

6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7

and as a money judgment.

S237602 E064099 Fourth Appellate District, Div. 2 PEOPLE v. ADELMANN

(STEVEN ANDREW)

Motion denied

Motion to vacate submission is denied.

The requests for judicial notice, filed March 10 and August 3, 2017, are granted.

The request for judicial notice, filed April 19, 2018, is denied.

BAR MISC. 4186 IN THE MATTER OF THE APPLICATION OF THE COMMITTEE

OF BAR EXAMINERS OF THE STATE BAR OF CALIFORNIA

FOR ADMISSION OF ATTORNEYS (MOTION NO. 1,365)

The written motion of the Committee of Bar Examiners that the following named applicants, who

have fulfilled the requirements for admission to practice law in the State of California, be

admitted to the practice of law in this state is hereby granted, with permission to the applicants to

take the oath before a competent officer at another time and place:

(SEE ORIGINAL APPLICATION FOR THE LIST OF NAMES ATTACHED.)


SUPREME COURT OF CALIFORNIA

ORAL ARGUMENT CALENDAR

SAN FRANCISCO SESSION

MAY 29 and 30, 2018

The following cases are placed upon the calendar of the Supreme Court for hearing at its

courtroom in the Ronald M. George State Office Complex, Earl Warren Building, 350 McAllister

Street, Fourth Floor, San Francisco, California, on May 29 and 30, 2018.

TUESDAY, MAY 29, 2018 — 9:00 A.M.

(1) Connor (Eileen) v. First Student, Inc., et al., S229428

(justice pro tempore to be assigned)

(2) Boling (Catherine A.) et al. v. Public Employment Relations Board

(City of San Diego et al.), S242034


(3) Kim (William Jae) et al. v. Toyota Motor Corporation et al., S232754


1:30 P.M.

(4) King (Kirk) et al. v. CompPartners, Inc., et al., S232197


(5) People v. Powell (Troy Lincoln), [Automatic Appeal], S137730


(6) People v. Woodruff (Steve), [Automatic Appeal], S115378



WEDNESDAY, MAY 30, 2018 — 9:00 A.M.

(7) City of Morgan Hill v. Bushey, Shannon, as Registrar, etc., et al. (River Park Hospitality,

Real Party in Interest and Respondent; Morgan Hill Hotel Coalition, Real Party in

Interest and Appellant), S243042


(8) Citizens for Fair REU Rates et al. v. City of Redding et al., S224779


(9) People v. Gonzales (Craig Danny), S240044


1:30 P.M.

(10) People v. Powell (Carl Devon), [Automatic Appeal], S043520


CANTIL-SAKAUYE

Chief Justice

If exhibits are to be transmitted to this court, counsel must apply to the court for

permission. (See Cal. Rules of Court, rule 8.224(c).)

SAN FRANCISCO MAY 9, 2018 674 - 1

S244508 MORRIS (QUINTIN)

ON CLEMENCY

Clemency response letter sent to Governor

S245383 JEFFERS (ADAM R.)

ON CLEMENCY

Clemency response letter sent to Governor