1648

SUPREME COURT MINUTES

WEDNESDAY, OCTOBER 31, 2018

SAN FRANCISCO, CALIFORNIA

AMENDED*

S236685 C079556 Third Appellate District PEOPLE v. JEWKES (JAMES

JUSTIN)

Order filed: holding for new lead case

Review was previously granted, and the matter held for People v. Buycks (2018) 5 Cal.5th 857,

which is now final. The court has determined that further action will be deferred pending

consideration and disposition of a related issue in People v. Lara, S243975 (see Cal. Rules of

Court, rule 8.512(d)(2)), or pending further action of the court.

Corrigan, J., was absent and did not participate.

S250773 C076292/C077406/C078221

Third Appellate District PEOPLE v. LONG

(JEANNETTE C.)

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in People v. Franco, S233973 (see Cal. Rules of Court, rule

8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to

California Rules of Court, rule 8.520, is deferred pending further order of the court.

Corrigan, J., was absent and did not participate.

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

S250283 D071011 Fourth Appellate District, Div. 1 PEOPLE v. JOHNSON

(PETER)

Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division

One

Defendant Guthrie’s request for consideration of an additional issue in the petition for review is

granted. The petition for review filed by defendant Guthrie is granted. The matter is transferred

to the Court of Appeal, Fourth Appellate District, Division One, with directions to vacate its

decision and reconsider the cause in light of Senate Bill No. 1393 (Stats. 2018, Ch. 1013). (Cal.

Rules of Court, rule 8.528(d).) Defendant Johnson’s petition for review is denied.

Corrigan, J., was absent and did not participate.

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

SAN FRANCISCO OCTOBER 31, 2018 1649

S250833 C087151 Third Appellate District HAMPTON (JONATHAN) ON

H.C.

Petition for review granted; transferred to Court of Appeal, Third Appellate District, with

directions to issue an order to show cause

The petition for review is granted. The matter is transferred to the Court of Appeal, Third

Appellate District, with directions to vacate its August 10, 2018, order denying the petition for

writ of habeas corpus, and to issue an order directing the Secretary of the California Department

of Corrections and Rehabilitation to show cause in that court why petitioner should not be entitled

to relief on his claim of ineffective assistance of appellate counsel.

Cantil-Sakauye, C. J., was recused and did not participate.

Corrigan, J., was absent and did not participate.

Votes: Liu, A. C. J., Chin, Cuéllar, and Kruger, JJ.

S251358 G055180/G055225 Fourth Appellate District, Div. 3 NIKKEL (DIANA) v. SEASON

HOSPICE & PALLIATIVE

CARE OF CALIFORNIA INC.

Review granted on the court’s own motion; transferred to Court of Appeal, Fourth Appellate

District, Division Three

At the request of the Court of Appeal, review is ordered on this court’s own motion. The cause is

transferred to the Court of Appeal, Fourth Appellate District, Division Three, for further

proceedings.

Corrigan, J., was absent and did not participate.

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

S228372 H040726 Sixth Appellate District PEOPLE v. LOPEZ (JOHN

ANTHONY)

Dismissed and remanded to Court of Appeal, Sixth Appellate District

Review in the above-captioned matter is dismissed in light of this court’s decision in People v.

DeHoyos (2018) 4 Cal.5th 594. (Cal. Rules of Court, rule 8.528(b).)

Corrigan, J., was absent and did not participate.

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

S237730 B259675 Second Appellate District, Div. 1 BORISOFF (LEONARD W.) v.

THE PULLMAN GROUP, LLC

Dismissed and remanded to Court of Appeal, Second Appellate District, Division One

Review in the above-captioned matter, which was granted and held for Sheppard, Mullin, Richter

& Hampton, LLP v. J-M Manufacturing Co., Inc. (2018) 6 Cal.5th 59, is hereby dismissed. (Cal.

SAN FRANCISCO OCTOBER 31, 2018 1650

Rules of Court, rule 8.528(b)(1).)

Corrigan, J., was absent and did not participate.

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

S250518 A152282 First Appellate District, Div. 1 PEOPLE v. QUARLES

(JEFFREY LYNN)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250596 G056596 Fourth Appellate District, Div. 3 BALDWIN (ALFRED) v. S.C.

(HCR MOORPARK

INVESTORS, LLC)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250775 B280392 Second Appellate District, Div. 8 PEOPLE v. DAVIS

(ROHASAN HAKEEM)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250794 C080535 Third Appellate District LAFFERTY (PATRICK) v.

WELLS FARGO BANK, N.A.

Petition for review & depublication request(s) denied

Corrigan, J., was absent and did not participate.

S250813 A152673 First Appellate District, Div. 3 PEOPLE v. LONG (DANIEL

O’NEIL)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250850 B283269 Second Appellate District, Div. 1 PEOPLE v. SOOS

(JASWINDER SINGH)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250853 A149749 First Appellate District, Div. 5 PEOPLE v. KENT (DERRICK)

Petition for review denied

SAN FRANCISCO OCTOBER 31, 2018 1651

Corrigan, J., was absent and did not participate.

S250855 B290779 Second Appellate District, Div. 4 PEOPLE v. ROCHA

(ARMANDO)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250867 FOSTER (RICKY TYRONE) v.

S.C. (PEOPLE)

Petition for writ of mandate/prohibition denied

Corrigan, J., was absent and did not participate.

S250871 F069825 Fifth Appellate District SWINERTON BUILDERS v.

FRESNO PLUMBING &

HEATING, INC.

Petition for review & publication request(s) denied

Corrigan, J., was absent and did not participate.

S250873 A140518 First Appellate District, Div. 4 FRANCHISE TAX BOARD

LIMITED LIABILITY

CORPORATION TAX

REFUND CASES

Petition for review denied

Corrigan, J., was absent and did not participate.

S250888 B263449 Second Appellate District, Div. 1 PEOPLE v. SENDEJAS

(ARTHUR)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250895 D073766 Fourth Appellate District, Div. 1 COTTON (DARRYL) v. CITY

OF SAN DIEGO (GERACI)

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1652

S250931 D073854 Fourth Appellate District, Div. 1 PEOPLE v. WHEAT

(MICHAEL DOUGLAS)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250932 F072319 Fifth Appellate District PEOPLE v. ROGERS

(SPENCER EARL)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250937 B284057 Second Appellate District, Div. 1 POST FOODS, LLC v. S.C.

(SOWINSKI)

The petition for review is denied.

The requests for an order directing depublication of the opinion are granted. The Reporter of

Decisions is directed not to publish in the Official Appellate Reports the opinion in the above

entitled appeal filed July 16, 2018, which appears at 25 Cal.App.5th 278. (Cal. Const., art. VI,

section 14; rule 8.1125(c)(1), Cal. Rules of Court.)

Corrigan, J., was absent and did not participate.

S250959 C083664 Third Appellate District PEOPLE v. JACKSON

(DAVID LESTER)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250986 B255725/B259760 Second Appellate District, Div. 4 PEOPLE v. GONZALEZ

(JOSE MANUEL)

Petition for review denied

Corrigan, J., was absent and did not participate.

S250990 B265901 Second Appellate District, Div. 5 PEOPLE v. MUNOZ (JOSE

LUIS)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251018 A146344 First Appellate District, Div. 3 PEOPLE v. JOHNSON (AL-

MON)

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1653

S251025 A154325 First Appellate District, Div. 2 SAN DIEGO WATER

AUTHORITY v. S.C.

(METROPOLITAN WATER

DISTRICT OF SOUTHERN

CALIFORNIA)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251033 D074040 Fourth Appellate District, Div. 1 PEOPLE v. BRYANT (KEVIN

LEE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251079 A147928 First Appellate District, Div. 1 STAATS (CAROLYN) v.

VINTNER’S GOLF CLUB,

LLC

Petition for review denied

Corrigan, J., was absent and did not participate.

S251100 C085573 Third Appellate District PEOPLE v. DUPREE (TODD

WESLEY)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251107 G053882/G054659 Fourth Appellate District, Div. 3 J P H CONSULTING, INC. v.

UNIVERSAL REINSURANCE

COMPANY, LTD.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251126 F073448 Fifth Appellate District PEOPLE v. PAZ

(ALEJANDRO)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251127 B281522 Second Appellate District, Div. 5 PEOPLE v. PROPPS

(CHRISTOPHER)

Petition for review denied

SAN FRANCISCO OCTOBER 31, 2018 1654

Corrigan, J., was absent and did not participate.

S251156 A155016 First Appellate District, Div. 4 LIGHTNER (JAMES) ON H.C.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251172 G054363 Fourth Appellate District, Div. 3 CRUZ (JESUS VALDIVIA) ON

H.C.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251202 B280041 Second Appellate District, Div. 1 PEOPLE v. CHILES

(RAHEEN MARIO)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251253 G054844 Fourth Appellate District, Div. 3 TRAN (LARRY LONG) v.

THE ARCADE

PARTNERSHIP

Petition for review denied

Corrigan, J., was absent and did not participate.

S251266 E068607 Fourth Appellate District, Div. 2 HEIDARY (PEYMAN) v. S.C.

(PEOPLE)

Petition for review & application for stay denied

Corrigan, J., was absent and did not participate.

S251280 F074203 Fifth Appellate District PEOPLE v. MONTIJO

(JESSE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251347 C083481 Third Appellate District PEOPLE v. BROWN

(KEANDREY MARQUIS)

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1655

S251359 F073729 Fifth Appellate District PEOPLE v. MILES (LARRY

JERMAINE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251407 B283415 Second Appellate District, Div. 5 JAPANESE VILLAGE, LLC v.

LOS ANGELES COUNTY

METROPOLITAN

TRANSPORTATION

AUTHORITY

Petition for review & publication request(s) denied

Corrigan, J., was absent and did not participate.

S251425 G054768 Fourth Appellate District, Div. 3 PEOPLE v. NGUYEN (DANNY

THE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251429 F072424 Fifth Appellate District PEOPLE v. LUNA (EDDIE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251437 A152480 First Appellate District, Div. 5 IN RE D.B.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251443 E070414 Fourth Appellate District, Div. 2 IN RE S.C.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251446 D074609 Fourth Appellate District, Div. 1 JIMENEZ (MARCIA) v. S.C.

(FIORE)

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1656

S251452 D072551 Fourth Appellate District, Div. 1 PEOPLE v. SALAZAR

(DANIEL)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251454 B285827 Second Appellate District, Div. 8 PEOPLE v. MILLER (TYJAE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251457 E068124 Fourth Appellate District, Div. 2 PEOPLE v. VILLAVAZO

(ULICES)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251461 B283977 Second Appellate District, Div. 6 PEOPLE v. PEREZ

(PEUYOKO VICTOR)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251472 B281840 Second Appellate District, Div. 8 AGUILAR (ALEX) v. PACIFIC

CRANE MAINTENANCE

COMPANY, LP

Petition for review denied

Corrigan, J., was absent and did not participate.

S251475 A147553 First Appellate District, Div. 4 GENTRY (JESSICA) v.

ROBERT HALF

INTERNATIONAL, INC.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251476 A145852 First Appellate District, Div. 4 PEOPLE v. WARREN

(MARQUIS LAVANT)

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1657

S251477 F073543 Fifth Appellate District PEOPLE v. TIMBERLAKE,

JR., (PAUL E.)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251482 A145305 First Appellate District, Div. 4 PEOPLE v. BELMONT

(STEVEN DYLAN)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251487 G054675 Fourth Appellate District, Div. 3 GORAN (DAVID) v. STREET

(MICHAEL

BARTHALAMEW)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251491 E067898 Fourth Appellate District, Div. 2 PEOPLE v. PARKS III

(TYRONE ANTHONY)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251492 B279887 Second Appellate District, Div. 2 PEOPLE v. ASKEW (DAVID

WAYNE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251495 D072278 Fourth Appellate District, Div. 1 HALL (BRANDEN LEE) v.

DEPARTMENT OF MOTOR

VEHICLES

Petition for review denied

Corrigan, J., was absent and did not participate.

S251507 E067265 Fourth Appellate District, Div. 2 PEOPLE v. SERAFIN

(NAYELI)

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1658

S251515 H041470 Sixth Appellate District PEOPLE v. RAY (MARCUS

CHRISTOPHER)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251518 D074628 Fourth Appellate District, Div. 1 LUGO (KEITH ROBERT) ON

H.C.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251525 A149003/A149729/A150195/A151006

First Appellate District, Div. 4 IN RE L.N.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251526 A147088 First Appellate District, Div. 4 PEOPLE v. PORTADES

(JOVANY SHAWNTE)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251536 B288102 Second Appellate District, Div. 2 PEOPLE v. SEDILLO

(STEVEN)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251537 D073606 Fourth Appellate District, Div. 1 PEOPLE v. ESTRADA

(JAMES MICHAEL)

Petitions for review denied

Corrigan, J., was absent and did not participate.

S251541 E066271 Fourth Appellate District, Div. 2 LEVINGSTON (LISA) v.

KAISER FOUNDATION

HEALTH PLAN, INC.

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1659

S251546 B284692 Second Appellate District, Div. 2 PEOPLE v. FURGUIELE

(JONATHAN MARCANTHO)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251547 D073283 Fourth Appellate District, Div. 1 PASTERNACK (LAWRENCE)

v. McFARLAND (DAVID)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251548 B282428 Second Appellate District, Div. 1 PEOPLE v. VELASQUEZ

(NESTOR VENTURA)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251550 A148424 First Appellate District, Div. 1 ACHTERKIRCHEN (DAVID)

v. MONTIEL (JESUS A.)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251553 C083627 Third Appellate District PEOPLE v. ABDULRAZAK

(ABDUL SHUKUR)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251561 B291992 Second Appellate District, Div. 1 COMAS (ROBERT) ON H.C.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251562 F078037 Fifth Appellate District STEPP (JOSHUA CALAB) v.

S.C. (PEOPLE)

Petition for review & application for stay denied

Corrigan, J., was absent and did not participate.

S251565 B286808 Second Appellate District, Div. 6 IN RE M.R.

Petition for review denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1660

S251566 F075106 Fifth Appellate District PEOPLE v. SINGANONH

(TIENGKHAM NOY)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251567 A155321 First Appellate District, Div. 3 CHANDRA (AARON) ON H.C.

Petition for review denied

Corrigan, J., was absent and did not participate.

S251570 A148960 First Appellate District, Div. 5 PEOPLE v. TAYLOR

(NAMON)

Petition for review denied

Corrigan, J., was absent and did not participate.

S251587 C073813 Third Appellate District SOLOMON (SEAN) v. EC

CLOSING CORPORATION

Petition for review denied

Corrigan, J., was absent and did not participate.

S251592 PEOPLE v. ERVIN (OTIS)

Petition for review denied

Corrigan, J., was absent and did not participate.

S248024 BONNER (SAMUEL

QUINTON) ON H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S248281 BOVARIE (MARCUS) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249184 STEEN (KEVIN NEAL) 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

SAN FRANCISCO OCTOBER 31, 2018 1661

750, 767-769 [courts will not entertain habeas corpus claims that are successive].) 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 Dixon (1953) 41 Cal.2d 756,

759 [courts will not entertain habeas corpus claims that could have been, but were not, raised on

appeal].)

Corrigan, J., was absent and did not participate.

S249187 COOKS (CHARLES R.) 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].) Individual claims are denied,

as applicable: (See In re Lessard (1965) 62 Cal.2d 497, 503 [courts will not entertain habeas

corpus claims that raise Fourth Amendment violations]; In re Waltreus (1965) 62 Cal.2d 218, 225

[courts will not entertain habeas corpus claims that were rejected on appeal]; 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].)

Corrigan, J., was absent and did not participate.

S249191 JONES (DWAYNE) ON H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249322 DACKERMAN (SCOTT) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249326 WALCOTT (DARRYL

ALLEN) ON H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249328 LAUREANO (HARVEY) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1662

S249579 SANTANA (SERAFIN) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249727 MORALES (ARTHUR) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249753 GILBERT (GARY LYNN) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249754 BECKER (JOSEPH PAUL) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249755 YORK (REGINALD RAY) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249756 PERKINS (DE’VON SAMUEL

JAMES SINGLETON) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249759 BRISSETTE, SR., (THOMAS

FLOYD) 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].)

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1663

S249786 BLAYLOCK (MICHAEL) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249793 DYAS (GREGORY) ON H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249794 COOK (NORMAN) ON H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249818 GREEN (SARON) ON H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249824 BUTLER (DERRICK JAMES)

ON H.C.

The petition for writ of habeas corpus is denied. (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].)

Corrigan, J., was absent and did not participate.

S249825 HUERTA (GUILIVALDO) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249826 GAITHER (MAURICE) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249847 THOMAS (ANTHONY

MICHAEL) ON H.C.

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

SAN FRANCISCO OCTOBER 31, 2018 1664

[courts will not entertain habeas corpus claims that are untimely]; 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]; In re Swain (1949) 34 Cal.2d

300, 304 [a petition for writ of habeas corpus must allege sufficient facts with particularity].)

Corrigan, J., was absent and did not participate.

S249853 COLBERT (GEORGE K.) ON

H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

S249854 DAVID (DAVID M.) 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 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].)

Corrigan, J., was absent and did not participate.

S249855 BOLDS (WILLIE) 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]; In re Miller

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

Corrigan, J., was absent and did not participate.

S249857 CASTELLANOS (ROLANDO)

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].)

Corrigan, J., was absent and did not participate.

S249880 SCOTT (JEROME NORMAN)

ON H.C.

Petition for writ of habeas corpus denied

Corrigan, J., was absent and did not participate.

SAN FRANCISCO OCTOBER 31, 2018 1665

S249944 VARGAS (JUAN) 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]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas

corpus must allege sufficient facts with particularity].)

Corrigan, J., was absent and did not participate.

S249946 McMANUS (DANNY) 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 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 Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus

must allege sufficient facts with particularity].)

Corrigan, J., was absent and did not participate.

S249961 AHUMADA (PAUL) 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].)

Corrigan, J., was absent and did not participate.

S249966 HATCHETT (CECIL

JEROME) 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]; In re Swain

(1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient facts with

particularity].)

Corrigan, J., was absent and did not participate.

S250586 BUTLER (DERRICK JAMES)

ON H.C.

The petition for writ of habeas corpus is denied. (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].)

SAN FRANCISCO OCTOBER 31, 2018 1666

Corrigan, J., was absent and did not participate.

S251707 PETERSON (DESIREE) ON

H.C.

Petition for writ of habeas corpus & application for stay denied

Corrigan, J., was absent and did not participate.

S250643 F077256 Fifth Appellate District LENNAR FRESNO, INC. v.

S.C. (AQUINO)

Publication request denied (case closed)

Corrigan, J., was absent and did not participate.

S250976 B287041 Second Appellate District, Div. 4 IN RE L.G.

Publication request denied (case closed)

Corrigan, J., was absent and did not participate.

S251159 B279645 Second Appellate District, Div. 4 BASKIN (TAMARA) v.

HUGHES REALTY, INC.

Publication request denied (case closed)

Corrigan, J., was absent and did not participate.

S097668 PEOPLE v. SHERMANTINE,

JR., (WESLEY HOWARD)

Extension of time granted

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

extended to November 13, 2018.

S146528 PEOPLE v. SNYDER

(JANEEN MARIE) &

THORNTON (MICHAEL

FORREST)

Extension of time granted

On application of appellant Michael Thornton, it is ordered that the time to serve and file

appellant’s opening brief is extended to December 26, 2018.

SAN FRANCISCO OCTOBER 31, 2018 1667

S146528 PEOPLE v. SNYDER

(JANEEN MARIE) &

THORNTON (MICHAEL

FORREST)

Extension of time granted

On application of appellant Janeen Marie Snyder, it is ordered that the time to serve and file

appellant’s opening brief is extended to December 26, 2018.

S162197 PEOPLE v. VICTORIANNE

(JAVIER WILLIAM)

Extension of time granted

Upon application of counsel Senior Deputy State Public Defender Andrew C. Shear, an extension

of time in which to file the appellant’s reply brief is granted to December 24, 2018. After that

date only six further extensions totaling about 337 additional days will be granted.

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).)

S211060 PEOPLE v. GALVAN

(ROBERT)

Extension of time granted

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

extended to January 4, 2019.

S221158 PEOPLE v. CISNEROS

(LEONARDO ALBERTO)

Extension of time granted

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

extended to January 3, 2019.

S248125 D073054 Fourth Appellate District, Div. 1 WHITE (CHRISTOPHER

LEE) ON H.C.

Extension of time granted

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

the answer brief on the merits is extended to November 13, 2018.

SAN FRANCISCO OCTOBER 31, 2018 1668

S249248 WHITE (ROBERT E.) v.

SQUARE, INC.

Extension of time granted

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

the answer brief on the merits. is extended to November 22, 2018.

S250734 B264946 Second Appellate District, Div. 3 B. (B.) v. COUNTY OF LOS

ANGELES

Extension of time granted

On application of T.E. and D.B., and good cause appearing, it is ordered that the time to serve and

file the opening brief on the merits is extended to December 10, 2018.

S226030 PEOPLE v. CORONADO, JR.,

(JUAN RAMON)

Order appointing State Public Defender filed

Upon request of appellant for appointment of counsel, the State Public Defender is hereby

appointed to represent appellant Juan Ramon Coronado, Jr., for the direct appeal in the above

automatic appeal now pending in this court.

S250628 E068320 Fourth Appellate District, Div. 2 PEOPLE v. SMITH

(JENNIFER MARIE)

Counsel appointment order filed

Upon request of appellant for appointment of counsel, Rachel Varnell is hereby appointed to

represent appellant on the appeal now pending in this court.

S170293 PEOPLE v. DENNIS (CALVIN

JERMAINE) & INGRAM

(REYON TWAIN)

Record augmentation granted

Appellant Reyon Ingram’s “Motion to Remand to the Superior Court to Augment or Settle the

Record on Appeal,” filed on July 27, 2018, is granted as follows: The superior court is ordered to

correct any omission from the appellate record in People v. Dennis & Ingram, S170293, of the

documents that are the subject of appellant’s motion. (Cal. Rules of Court, rules 8.634(c) and

8.155(c).)

The due date for filing appellant Ingram’s opening brief is vacated, pending further order of this

SAN FRANCISCO OCTOBER 31, 2018 1669

court.

Corrigan, J., was absent and did not participate.

S204700 THOMAS (REGIS DEON) ON

H.C.

Record ordered unsealed

Appellant’s “Motion for an Order Unsealing Portion of Clerk’s Transcript on Appeal,” filed on

August 29, 2018, is granted as follows. The Clerk is directed to unseal, make part of the public

record, and provide to counsel a copy of the following pages: Sealed Clerk’s Transcript, Volume

5, pages 1265, 1266, and 1271-1273. The Clerk is further directed to redact identifying

information contained in the following pages and to make the redacted versions part of the public

record and to provide copies to counsel: Sealed Clerk’s Transcript, Volume 5, pages 1140, and

1267-1269.

Corrigan, J., was absent and did not participate.

S217284 JONES (BRYAN MAURICE)

ON H.C.

Motion for access to sealed record granted

Respondent’s “Motion for Access to Sealed Penal Code Sections 987.2 and 987.9 Materials Filed

in Case Number S042346,” filed on August 3, 2018, is granted in part and denied in part as

follows. As to the following documents filed in the record on appeal in People v. Jones, S042346,

the motion is granted and the Clerk is directed to provide respondent access to these documents:

(1) Volumes 1 and 2 of the Reporter’s Transcript, “Sealed PC 987.9 Hearings” and (2) Sealed PC

987.9 Supplemental Clerk’s Transcript Volume 52 of 67. The Attorney General must supply the

personnel and equipment necessary to undertake the examination and copying of these

documents, which must occur on the premises of the court. Except as provided herein, these

documents remain under seal and their use must be limited solely to the pending proceeding.

(Pen. Code, § 987.9, subd. (d).) The motion is denied as to the request for access to Penal Code

section 987.2 documents, because the record on appeal does not contain any such documents.

Corrigan, J., was absent and did not participate.

S072161 PEOPLE v. POTTS

(THOMAS)

Order filed

Appellant’s “Application for Leave to File Supplemental Opening Brief,” filed on October 31,

2018, is granted. Respondent may serve and file a supplemental respondent’s brief within 30 days

of the date of this order. Any supplemental reply brief by the appellant must be served and filed

within 14 days of the filing of the supplemental respondent’s brief. The matter will be submitted

SAN FRANCISCO OCTOBER 31, 2018 1670

on the date that the last supplemental brief is or could be timely filed under this order or any

subsequent order of this court.

S251804 G056806 Fourth Appellate District, Div. 3 SENATOR (BRUCE) v.

CALIFORNIA VICTIM

COMPENSATION BOARD

Order filed

Appellant’s request for permission to file an amended petition for review, filed on October 26,

2018, is hereby denied.

S250767 ROENKER, JR., ON

DISCIPLINE

Recommended discipline imposed

The court orders that EDWARD JOSEPH ROENKER, JR., State Bar Number 181658, is

suspended from the practice of law in California for one year, execution of that period of

suspension is stayed, and he is placed on probation for one year subject to the following

conditions:

1. EDWARD JOSEPH ROENKER, JR., is suspended from the practice of law for the first 90

days of probation;

2. EDWARD JOSEPH ROENKER, JR., must comply with the other conditions of probation

recommended by the Hearing Department of the State Bar Court in its Order Approving

Stipulation filed on July 3, 2018; and

3. At the expiration of the period of probation, if EDWARD JOSEPH ROENKER, JR., has

complied with all conditions of probation, the period of stayed suspension will be satisfied

and that suspension will be terminated.

EDWARD JOSEPH ROENKER, JR., must also 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. Failure to do so may result in disbarment

or suspension.

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. One-third of the costs must be paid with his membership fees for each

of the years 2019, 2020, and 2021. If EDWARD JOSEPH ROENKER, JR., fails to pay any

installment as described above, or as may be modified by the State Bar Court, the remaining

balance is due and payable immediately.

SAN FRANCISCO OCTOBER 31, 2018 1671

S250769 SMITH ON DISCIPLINE

Recommended discipline imposed

The court orders that MOZELL TONEY SMITH (Respondent), State Bar Number 212197, is

suspended from the practice of law in California for one year, execution of that period of

suspension is stayed, and Respondent is placed on probation for one year subject to the following

conditions:

1. Respondent is suspended from the practice of law for a minimum of the first 30 days of

probation, and Respondent will remain suspended until the following requirements are

satisfied:

i. Respondent complies with the March 2, 2016, superior court order requiring

Respondent to pay sanctions in the amount of $10,000 and furnishes satisfactory proof

to the State Bar’s Office of Probation in Los Angeles; and

ii. If Respondent remains suspended for two years or longer as a result of not satisfying

the preceding requirement, Respondent must also provide proof to the State Bar Court

of rehabilitation, fitness to practice and present learning and ability in the general law

before the suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for

Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1)).

2. Respondent must also comply with the other conditions of probation recommended by the

Hearing Department of the State Bar Court in its Order Approving Stipulation filed on

July 12, 2018.

3. At the expiration of the period of probation, if Respondent has complied with all conditions

of probation, the period of stayed suspension will be satisfied, and that suspension will be

terminated.

Respondent must also take and pass the Multistate Professional Responsibility Examination

within one year after the effective date of this order, or during the period of suspension, whichever

is longer and provide satisfactory proof of such passage to the State Bar’s Office of Probation in

Los Angeles within the same period. Failure to do so may result in suspension. (Cal. Rules of

Court, rule 9.10(b).)

If Respondent remains suspended for 90 days or more, Respondent must also comply with rule

9.20 of the California Rules of Court and perform the acts specified in subdivisions (a) and (c) of

that rule within 120 and 130 calendar days, respectively, after the effective date of this order.

Failure to do so may result in disbarment or suspension. Respondent must also maintain the

records of compliance as required by the conditions of probation.

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. One-half of the costs must be paid with Respondent’s membership

fees for each of the years 2020 and 2021. If Respondent fails to pay any installment as described

above, or as may be modified in writing by the State Bar or the State Bar Court, the remaining

balance is due and payable immediately.

SAN FRANCISCO OCTOBER 31, 2018 1672

S250771 SONG ON DISCIPLINE

Recommended discipline imposed

The court orders that LAWRENCE JACOB SONG (Respondent), State Bar Number 127483, is

suspended from the practice of law in California for one year, execution of that period of

suspension is stayed, and Respondent is placed on probation for one year subject to the following

conditions:

1. Respondent is suspended from the practice of law for the first 60 days of probation with

credit given for the period of interim suspension which commenced on January 8, 2018, and

ended on July 19, 2018;

2. Respondent must comply with the other conditions of probation recommended by the

Hearing Department of the State Bar Court in its Order Approving Stipulation filed on

July 16, 2018; and

3. At the expiration of the period of probation, if Respondent has complied with all conditions

of probation, the period of stayed suspension will be satisfied, and that suspension will be

terminated.

Respondent must provide to the State Bar’s Office of Probation proof of taking and passing the

Multistate Professional Responsibility Examination as recommended by the Hearing Department

in its Order Approving Stipulation filed on July 16, 2018. Failure to do so may result in

suspension. (Cal. Rules of Court, rule 9.10(b).)

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. Costs must be paid with Respondent’s membership fees for the year

2020. If Respondent fails to pay costs as described above, or as may be modified in writing by

the State Bar or the State Bar Court, the costs are due and payable immediately.

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. 1,390)

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.)

SAN FRANCISCO OCTOBER 31, 2018 1672 - 1

S248727 TALIANO (BRANDITA)

ON CLEMENCY

Letter sent to Governor with the recommendation required by article V, section 8 of the California

Constitution for the Governor to grant a pardon

S250668 LOCKHART (ERIC)

ON CLEMENCY

Letter sent to Governor with the recommendation required by article V, section 8 of the California

Constitution for the Governor to grant a pardon

S250669 SMITH (DAVID MAURICE)

ON CLEMENCY

Letter sent to Governor with the recommendation required by article V, section 8 of the California

Constitution for the Governor to grant a pardon

S251438 QUARLES (VONYA KAY)

ON CLEMENCY

Letter sent to Governor with the recommendation required by article V, section 8 of the California

Constitution for the Governor to grant a pardon

S251439 ERWIN (WILLIE)

ON CLEMENCY

Letter sent to Governor with the recommendation required by article V, section 8 of the California

Constitution for the Governor to grant a pardon