1327
SUPREME COURT MINUTES
WEDNESDAY, AUGUST 19, 2015
SAN FRANCISCO, CALIFORNIA
S227228 B259967 Second Appellate District, Div. 1 WILLIAMS (MICHAEL) v.
S.C. (MARSHALLS OF CA,
LLC)
Petition for review granted
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S227243 F068526/F068676 Fifth Appellate District GERAWAN FARMING, INC.
v. AGRICULTURAL LABOR
RELATIONS BOARD
(UNITED FARM WORKERS
OF AMERICA)
Petition for review granted; issues limited
The petitions for review are granted. The issues to be briefed and argued are limited to the issues
raised in the petitions for review.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S227270 F069419 Fifth Appellate District TRI-FANUCCHI FARMS v.
AGRICULTURAL LABOR
RELATIONS BOARD
(UNITED FARM WORKERS
OF AMERICA)
The petitions for review are granted.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S227473 G049691 Fourth Appellate District, Div. 3 BANNING RANCH
CONSERVANCY v. CITY OF
NEWPORT BEACH
(NEWPORT BANNING
RANCH, LLC)
Petition for review granted
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO AUGUST 19, 2015 1328
S226749 B256125 Second Appellate District, Div. 5 FRIENDS OF THE SANTA
CLARA RIVER v. COUNTY
OF LOS ANGELES
(NEWHALL LAND &
FARMING COMPANY)
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
Center for Biological Diversity v. California Department of Fish and Wildlife, S217763 (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.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S226812 C072642 Third Appellate District PEOPLE v. VEGA (JOSE
ANTONIO)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of related issues in People v. Prunty, S210234 and People v. Sanchez, S216681
(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.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S227342 F066005 Fifth Appellate District PEOPLE v. CASTELLANO
(ADRIAN)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of the related issues in People v. Valencia, S223825, People v. Chaney, S223676,
and People v. Conley, S211275 (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.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO AUGUST 19, 2015 1329
S227856 C071682 Third Appellate District PEOPLE v. HIGHTOWER
(DEYJWONN)
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. Fuentes, S219109 (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.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S226758 E063534 Fourth Appellate District, Div. 2 SIRINGORINGO (STEPHEN
LYSTER) v. S.C. (PEOPLE)
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division
Two, with directions to issue an order to show cause
The petition for review is granted.
The matter is transferred to the Court of Appeal, Fourth Appellate District, Division Two, with
directions to vacate its order denying mandate/prohibition and to issue an order directing
respondent superior court to show cause why the relief sought in the petition should not be
granted.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S228171 A145726 First Appellate District, Div. 4 DE LA PENA & McDONALD
LLP v. S.C. (YEAGER)
Petition ordered withdrawn
Petitioner’s request, filed August 5, 2015, to withdraw the petition for review and request for a
stay is granted.
S162212 ERVINE (DENNIS NEWTON)
ON H.C.
Petition for writ of habeas corpus denied (AA)
The petition for writ of habeas corpus, filed October 3, 2008, is denied on its merits.
Claims 1, 4, and 7 are additionally procedurally barred under In re Waltreus (1965) 62 Cal.2d
218, 225, to the extent they assert claims raised and rejected on appeal.
Claims 4 and 7 are additionally procedurally barred under In re Dixon (1953) 41 Cal.2d 756, 759,
to the extent they assert claims that could have been, but were not, raised on appeal.
Additionally, the “Application for Ruling on Petition for Writ of Habeas Corpus,” filed on
January 29, 2015, is denied as moot.
S226673 B251435 Second Appellate District, Div. 8 PEOPLE v. TUBO (JON ERIC)
Petition for review denied
SAN FRANCISCO AUGUST 19, 2015 1330
S226754 A136961 First Appellate District, Div. 5 PEOPLE v. SEKONA
(ETUATE)
Petition for review denied
S227038 B252881 Second Appellate District, Div. 7 PEOPLE v. GONZALEZ
(GABRIEL)
Petitions for review denied
S227041 B255702 Second Appellate District, Div. 2 PEOPLE v. LAZARO (FELIX
DEJESUS)
Petition for review denied
S227053 B253141 Second Appellate District, Div. 6 PEOPLE v. McNALLY
(TIMOTHY SEAN)
Petition for review denied
S227054 D064549 Fourth Appellate District, Div. 1 HIRST (KIMBERLI) v. CITY
OF OCEANSIDE
Petition for review & depublication request(s) denied
S227084 B256985 Second Appellate District, Div. 8 RODRIGUEZ (DULCE) v.
CHO (NAM MIN)
Petition for review denied
S227141 C072432 Third Appellate District PEOPLE v. AVILA
(ALEXANDER)
Petition for review denied
S227174 G049889 Fourth Appellate District, Div. 3 PEOPLE v. ZAMUDIO
(EDGAR SALVADOR LUCIO)
Petition for review denied
S227214 E059378 Fourth Appellate District, Div. 2 PEOPLE v. SOSA (JOSEPH)
Petition for review denied
SAN FRANCISCO AUGUST 19, 2015 1331
S227216 A140735 First Appellate District, Div. 4 PEOPLE v. THOMAS
(GERALD CHARLES)
Petition for review denied
S227241 B251482 Second Appellate District, Div. 1 PEOPLE v. CLAY (ERIC
LAMONT)
Petition for review denied
S227250 F068406 Fifth Appellate District SAN JOAQUIN TOMATO
GROWERS INC. v.
AGRICULTURAL LABOR
RELATIONS BOARD
(UNITED FARM WORKERS
OF AMERICA)
Petition for review denied
S227251 C075250 Third Appellate District PEOPLE v. JONES
(JEREMIAH ALLEN)
Petition for review denied
S227282 A140953 First Appellate District, Div. 1 PEOPLE v. COOLEY
(FREDERICK MARCELES)
Petition for review denied
S227334 A135202 First Appellate District, Div. 4 PEOPLE v. HEARTSMAN
(MICHAEL A.)
Petition for review denied
S227335 B254824 Second Appellate District, Div. 4 PEOPLE v. MONTES (ERICK)
Petition for review denied
S227346 F067577 Fifth Appellate District PEOPLE v. SEE (CHALA
JESUS)
Petition for review denied
SAN FRANCISCO AUGUST 19, 2015 1332
S227394 E062169 Fourth Appellate District, Div. 2 PEOPLE v. HAMILTON
(PAUL CHRISTOPHER)
Petition for review denied
S227408 B254677 Second Appellate District, Div. 5 PEOPLE v. ANDREWS
(MICHAEL)
Petition for review denied
S227442 F067023 Fifth Appellate District PEOPLE v. MENDOZA, SR.,
(MARK ANTHONY)
Petition for review denied
S227448 B254445 Second Appellate District, Div. 7 RUSTAM (MOHAMMED) v.
WELLS FARGO BANK, N.A.
Petition for review denied
S227491 E060057 Fourth Appellate District, Div. 2 CENTEX HOMES v. ST. PAUL
FIRE & MARINE
INSURANCE COMPANY
Petition for review denied
Corrigan, J., was recused and did not participate.
S227494 B254812 Second Appellate District, Div. 3 PEOPLE v. ARAUJO
(IGNACIO)
Petition for review denied
S227507 B257127 Second Appellate District, Div. 5 ROSAS (ISMAEL) v. BASF
CORPORATION
Petition for review & depublication request(s) denied
S227515 B263915 Second Appellate District, Div. 1 GRANADOS (JOSE) ON H.C.
Petition for review denied
SAN FRANCISCO AUGUST 19, 2015 1333
S227530 A142003 First Appellate District, Div. 3 PEOPLE v. DOMINGUEZ
(FRANCISCO DANIEL)
Petition for review denied
S227576 B255401 Second Appellate District, Div. 4 PEOPLE v. LEWIS
(TERRELL)
Petition for review denied
S227600 H040232 Sixth Appellate District COMERICA BANK v. AMIDY
(ALI)
Petition for review denied
S227656 B253978 Second Appellate District, Div. 1 KUMARAPERU (SONDRA
WISE) v. FELDSTED (JOHN)
Petition for review denied
S227691 B257032 Second Appellate District, Div. 7 PEOPLE v. VALIENTE
(VLADIMIR OSVALDO)
Petition for review denied
S227733 B256012 Second Appellate District, Div. 5 PEOPLE v. BARNES (DALE)
Petitions for review denied
S227752 B257604 Second Appellate District, Div. 8 PEOPLE v. MAYBERRY
(JAMES EDWARD)
Petition for review denied
S227760 B254301 Second Appellate District, Div. 3 KVASSAY (PETER E.) v.
KVASSAY (ROBERT V.)
Petition for review denied
S227772 E061443 Fourth Appellate District, Div. 2 PEOPLE v. COUSIN (PAUL
EUGENE)
Petition for review denied
SAN FRANCISCO AUGUST 19, 2015 1334
S227773 D065535 Fourth Appellate District, Div. 1 PEOPLE v. CORTEZ
(RONNIE OZUNA)
Petition for review denied
S227775 C073738 Third Appellate District PEOPLE v. WILLIAMSON
(VANESSA KAY)
Petition for review denied
S227779 D066700 Fourth Appellate District, Div. 1 PEOPLE v. VILLESCA
(BENITO)
Petition for review denied
S227784 G049883 Fourth Appellate District, Div. 3 PEOPLE v. VILLEDA (JUAN
CARLOS)
Petition for review denied
S227797 F071427 Fifth Appellate District WHITFIELD (MICHAEL) v.
CITY OF FRESNO
Petition for review denied
S227812 F069145 Fifth Appellate District HONCHARIW (NICHOLAS)
v. COUNTY OF STANISLAUS
Petition for review denied
S227816 C075334 Third Appellate District PEOPLE v. RAZAVI
(MICHAEL MASSI)
Petition for review denied
S227819 ROBINSON, SR., ON
ADMISSION
Petition for review denied – RAYMOND HOWARD ROBINSON, SR.
S227823 C075360 Third Appellate District PEOPLE v. AGUILLON
(MARIO)
Petition for review denied
SAN FRANCISCO AUGUST 19, 2015 1335
S227827 D065440 Fourth Appellate District, Div. 1 PEOPLE v. GOODWIN
(EDWARD)
Petition for review denied
S227828 B254908 Second Appellate District, Div. 6 PEOPLE v. JONES (PAUL
EDWARD)
Petition for review denied
S227857 A140732 First Appellate District, Div. 1 PEOPLE v. SANCHEZ
(EFRAIN EDZAIL)
Petition for review denied
S227861 G049668 Fourth Appellate District, Div. 3 PEOPLE v. ALDAVE
(GABRIEL WILLIAMS)
Petition for review denied
S227877 C077092 Third Appellate District IN RE K.S.
Petition for review denied
S227889 C075836 Third Appellate District PEOPLE v. AMBRIZ (JUAN
JOSE)
Petition for review denied
S227963 B265002 Second Appellate District, Div. 6 GONZALEZ (JAIME
DEJESUS) v. S.C. (COUNTY
LINE HOLDINGS, LLC)
Petition for review denied
S228363 D068422 Fourth Appellate District, Div. 1 GUERRA (MARC) v. S.C.
(SAN DIEGO GAS &
ELECTRIC COMPANY)
Petition for review & application for stay denied
SAN FRANCISCO AUGUST 19, 2015 1336
S226067 DIAZ (FRANK MUNOZ) ON
H.C.
Petition for writ of habeas corpus denied
S226070 PERRY (LAURENCE
BERNARD) ON H.C
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
S226091 MARKS (MICHAEL) ON H.C.
Petition for writ of habeas corpus denied
S226442 GERRUE (WARREN) ON H.C.
Petition for writ of habeas corpus denied
S226456 BURTON (DEREK T.) ON
H.C.
Petition for writ of habeas corpus denied
S226457 AVILA (DONOVAN) ON H.C.
Petition for writ of habeas corpus denied
S226458 DiBLASIO (ANTHONY
CARL) ON H.C.
Petition for writ of habeas corpus denied
S226460 AVALOS (FRANCISCO) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769.)
S226684 BURTON (JERRY) ON H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO AUGUST 19, 2015 1337
S226689 TAPIA (JOHN ROBERT) ON
H.C.
Petition for writ of habeas corpus denied
S226696 ADAMS (KASEEM) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
S226698 ROXAS (ERNIE) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; People v. Duvall (1995) 9 Cal.4th 464, 474; In re
Swain (1949) 34 Cal.2d 300, 304.)
S226707 BOLDEN (FREDRICK
RANNEL) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
S226790 BUTLER (ANTHONY B.) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
S226794 CARTER (KEVIN WRIGHT)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Dixon (1953) 41 Cal.2d 756, 759.)
S226805 ARIAGA (ANDREW
ANTHONY) ON H.C.
Petition for writ of habeas corpus denied
S226807 DIAZ (DARRYL) ON H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO AUGUST 19, 2015 1338
S226833 VASQUEZ (JOSE
DOMINGUEZ) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Dixon (1953) 41 Cal.2d 756, 759.)
S226872 LAVALLEE (RICHARD
BRUCE) ON H.C.
Petition for writ of habeas corpus denied
S227286 COOLEY (FREDERICK M.)
ON H.C.
Petition for writ of habeas corpus denied
S227396 SCONIERS (ANTWOINE
LEAUNDRE) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Dexter (1979) 25 Cal.3d 921, 925-926.)
S227793 LABASAY (LAUREANO V.)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dixon (1953) 41 Cal.2d 756, 759.)
S227537 B252772 Second Appellate District, Div. 2 BAEZ (CESAR) v.
CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT
SYSTEM
Depublication ordered (case closed)
The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion
in the above entitled appeal filed May 8, 2015, which appears at 236 Cal.App.4th 836. (Cal.
Const., art. VI, section 14; rule 8.1125(c)(1), Cal. Rules of Court.)
S226899 G048876 Fourth Appellate District, Div. 3 PEOPLE v. OSORIO (JESUS
FRANCISCO)
Depublication request denied (case closed)
SAN FRANCISCO AUGUST 19, 2015 1339
S227461 B258884 Second Appellate District, Div. 1 IN RE IRIS V.
Publication request denied (case closed)
S227745 C074504 Third Appellate District NEVADA, COUNTY OF v. S.C.
(SIEGFRIED)
Depublication request denied (case closed)
S226596 D066705 Fourth Appellate District, Div. 1 MARTINEZ (HECTOR) ON
H.C
The time for granting or denying review in the above-entitled matter is hereby extended to
September 14, 2015. This order is entered nunc pro tunc as of August 7, 2015.
S227006 D067450 Fourth Appellate District, Div. 1 PEOPLE v. BRANCH
(DAQUAN RASHAD)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227168 B249254 Second Appellate District, Div. 6 LUSTER (ANDREW) ON H.C.
The time for granting or denying review in the above-entitled matter is hereby extended to
October 8, 2015.
S227244 E059223 Fourth Appellate District, Div. 2 PEOPLE v. HINES (WILLIE)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 7, 2015.
S227379 B254651 Second Appellate District, Div. 5 PEOPLE v. RAMOS
(ARTHUR)
The time for granting or denying review in the above-entitled matter is hereby extended to
September 23, 2015.
S227427 C059021 Third Appellate District PEOPLE v. SCHWARZ (JOHN
BRUCE)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 5, 2015.
SAN FRANCISCO AUGUST 19, 2015 1340
S227439 D066462 Fourth Appellate District, Div. 1 DIAZ-BARBA (ALEJANDRO)
v. S.C. (HAHN)
The time for granting or denying review in the above-entitled matter is hereby extended to
September 25, 2015.
S227441 B258568 Second Appellate District, Div. 8 FRIEDMAN (LOIS) v.
SCHREIBER (EDWIN C.)
The time for granting or denying review in the above-entitled matter is hereby extended to
September 25, 2015.
S227444 B264758 Second Appellate District, Div. 1 COOK (PAUL) v. S.C.
(LOZANO)
The time for granting or denying review in the above-entitled matter is hereby extended to
September 25, 2015.
S227457 C068079/C068517Third Appellate District PEOPLE v. HERNANDEZ
(ARMONDO)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 8, 2015.
S227484 B252606 Second Appellate District, Div. 1 NOLTE (JUSTIN) v. CEDARS
SINAI MEDICAL CENTER
The time for granting or denying review in the above-entitled matter is hereby extended to
September 28, 2015.
S227492 D064697 Fourth Appellate District, Div. 1 PAPROCK (BERNIE) v.
FIRST TRANSIT, INC.
(CLARKE)
The time for granting or denying review in the above-entitled matter is hereby extended to
September 25, 2015.
S227518 B256806 Second Appellate District, Div. 8 PEOPLE v. MIRANDA
(DAVID)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 5, 2015.
SAN FRANCISCO AUGUST 19, 2015 1341
S227551 B264645 Second Appellate District, Div. 4 ROMERO (YASKI RAMIREZ)
ON H.C.
The time for granting or denying review in the above-entitled matter is hereby extended to
September 30, 2015.
S227552 B259811 Second Appellate District, Div. 7 CARRILLO (PEDRO) ON H.C.
The time for granting or denying review in the above-entitled matter is hereby extended to
October 5, 2015.
S227562 B254039 Second Appellate District, Div. 5 PEOPLE v. GOMEZ
(CHRISTIAN)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227575 A140421 First Appellate District, Div. 5 PEOPLE v. DIETZ (RYAN
MITCHELL)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227585 B247795 Second Appellate District, Div. 4 PEOPLE v. FIGUEROA
(RODRIGO MELGAR)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227587 G051385 Fourth Appellate District, Div. 3 SCHRAM (ROBERT D.) ON
H.C.
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227590 G049814 Fourth Appellate District, Div. 3 PEOPLE v. ETTIMA (JOSEPH
ELIJA)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
SAN FRANCISCO AUGUST 19, 2015 1342
S227592 B250042 Second Appellate District, Div. 4 PEOPLE v. PONCE (CARLOS
ESPARZA)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227601 C077075 Third Appellate District PEOPLE v. METZGAR
(GARY DEAN)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227605 D065224 Fourth Appellate District, Div. 1 VECTOR RESOURCES, INC.
v. BAKER (CHRISTINE)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227611 H038879 Sixth Appellate District PEOPLE v. ROSAS (MANUEL
DE JESUS)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227616 B253694 Second Appellate District, Div. 2 VAUGHN (JACK) v.
DARWISH (BARBARA)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 5, 2015.
S227639 H039439 Sixth Appellate District ISON (CARLA) v. GOOGLE,
INC.
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
S227650 H042121 Sixth Appellate District VIGIL, JR., (WILLIE PAUL)
ON H.C.
The time for granting or denying review in the above-entitled matter is hereby extended to
October 2, 2015.
SAN FRANCISCO AUGUST 19, 2015 1343
S227652 D064241 Fourth Appellate District, Div. 1 HARLEY-DAVIDSON, INC. v.
FRANCHISE TAX BOARD
The time for granting or denying review in the above-entitled matter is hereby extended to
October 5, 2015.
S227671 D063992 Fourth Appellate District, Div. 1 SAVE OUR HERITAGE
ORGANISATION v. CITY OF
SAN DIEGO (PLAZA DE
PANAMA COMMITTEE)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 6, 2015.
S227681 C076343 Third Appellate District BRENTWOOD, CITY OF v.
CAMPBELL (ROBERT R.)/
(COHEN)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 6, 2015.
S227683 B253003 Second Appellate District, Div. 8 PEOPLE v. TINGCUNGCO
(ERICSON)/(ALLEGHENY
CASUALTY COMPANY)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 7, 2015.
S227730 B252996 Second Appellate District, Div. 1 PEOPLE v. VALENCIA (JUAN
DIEGO)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 8, 2015.
S227769 PARKS (STEVEN DEAN) v.
GIVENS (S.)
The time for granting or denying review in the above-entitled matter is hereby extended to
October 8, 2015.
SAN FRANCISCO AUGUST 19, 2015 1344
S110804 PEOPLE v. ACREMANT
(ROBERT JAMES)
Extension of time granted
Good cause appearing, and based upon Deputy Attorney General Justain P. Riley’s representation
that the respondent’s brief is anticipated to be filed by February 18, 2016, counsel’s request for an
extension of time in which to file that brief is granted to October 16, 2015. After that date, only
two further extensions totaling about 124 additional days are 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).)
S117235 LEWIS, JR., (ROBERT) ON
H.C.
Extension of time granted
Good cause appearing, and based upon counsel Robert M. Sanger’s representation that the reply
to the response to supplemental brief on the merits is anticipated to be filed by September 18,
2015, counsel’s request for an extension of time in which to file that brief is granted to
September 18, 2015. After that date, no further extension is contemplated.
S132256 PEOPLE v. HELZER (GLEN
TAYLOR)
Extension of time granted
Good cause appearing, and based upon counsel Deputy Attorney General Sarah J. Farhat’s
representation that the respondent’s brief is anticipated to be filed by September 11, 2015,
counsel’s request for an extension of time in which to file that brief is granted to September 11,
2015. After that date, no further extension is contemplated.
S137307 PEOPLE v. MORALES
(JOHNNY)
Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file
appellant’s opening brief is extended to November 2, 2015.
SAN FRANCISCO AUGUST 19, 2015 1345
S155617 PEOPLE v. SILVA
(MAURICIO)
Extension of time granted
Good cause appearing, and based upon counsel Victor S. Haltom’s representation that the
appellant’s opening brief is anticipated to be filed by November 30, 2015, counsel’s request for an
extension of time in which to file that brief is granted to October 19, 2015. After that date, only
one further extension totaling 41 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).)
S159120 PEOPLE v. DEMOLLE
(ALEX)
Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Jolie Lipsig’s
representation that the appellant’s opening brief is anticipated to be filed by February 24, 2016,
counsel’s request for an extension of time in which to file that brief is granted to October 20,
2015. After that date, only two further extensions totaling about 127 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).)
S161909 PEOPLE v. SHOVE
(THEODORE CHURCHILL)
Extension of time granted
Good cause appearing, and based upon Assistant State Public Defender Kathleen M. Scheidel’s
representation that the appellant’s opening brief is anticipated to be filed by March 28, 2016,
counsel’s request for an extension of time in which to file that brief is granted to October 20,
2015. After that date, only three further extensions totaling about 161 additional days are
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).)
SAN FRANCISCO AUGUST 19, 2015 1346
S165195 PEOPLE v. NAVARRO, JR.,
(ANTHONY R.)
Extension of time granted
The application of appellant for relief from default for the failure to timely file appellant’s request
for extension of time is granted.
Good cause appearing, and based upon counsel Richard I. Targow’s representation that the
appellant’s reply brief is anticipated to be filed by October 6, 2015, counsel’s request for an
extension of time in which to file that brief is granted to October 6, 2015. After that date, no
further extension is contemplated.
S187726 PEOPLE v. ROTTIERS
(BROOKE MARIE)
Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file
appellant’s opening brief is extended to October 13, 2015.
S188035 PEOPLE v. JENNINGS
(GLENN WADE)
Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file
appellant’s opening brief is extended to October 9, 2015.
S189373 PEOPLE v. WILSON
(LESTER HARLAND)
Extension of time granted
Good cause appearing, and based upon counsel Patrick Morgan Ford’s representation that the
appellant’s reply brief is anticipated to be filed by September 30, 2015, counsel’s request for an
extension of time in which to file that brief is granted to September 30, 2015. After that date, no
further extension is contemplated.
S193669 NELSON (BERNARD
ALBERT) ON H.C.
Extension of time granted
Good cause appearing, and based upon Deputy Attorney General Michael J. Wise’s representation
that the informal response to the petition for writ of habeas corpus is anticipated to be filed by
October 19, 2015, counsel’s request for an extension of time in which to file that document is
granted to October 19, 2015. After that date, no further extension is contemplated.
SAN FRANCISCO AUGUST 19, 2015 1347
S221215 PRECIADO (GERARDO) ON
H.C.
Extension of time granted
On application of petitioner and good cause appearing, it is ordered that the time to serve and file
the reply to informal response is extended to September 24, 2015.
S226753 A137680 First Appellate District, Div. 2 CALIFORNIA BUILDING
INDUSTRY ASSOCIATION v.
STATE WATER RESOURCES
CONTROL BOARD
Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file
the opening brief on the merits is extended to September 21, 2015.
S227944 VIEIRA (RICHARD JOHN)
ON H.C.
Extension of time granted
Good cause appearing, and based upon Supervising Deputy Attorney General Catherine
Chatman’s representation that the informal response to the petition for writ of habeas corpus is
anticipated to be filed by January 8, 2016, counsel’s request for an extension of time in which to
file that document is granted to October 26, 2015. After that date, only two further extensions
totaling about 73 additional days are contemplated.
S168441 PEOPLE v. McKNIGHT
(ANTHONY)
Withdrawal of counsel allowed by order
Good cause appearing, the application of appointed counsel for permission to withdraw as
attorney of record for appellant Anthony McKnight, filed July 28, 2015, is granted.
The order appointing Thomas Lundy as appellate counsel of record for appellant Anthony
McKnight, filed June 29, 2011, is hereby vacated.
Upon request of appellant for appointment of counsel, Alex Coolman is hereby appointed to
represent appellant Anthony McKnight for the direct appeal in the above automatic appeal now
pending in this court.
SAN FRANCISCO AUGUST 19, 2015 1348
S106274 PEOPLE v. CARO (SOCORRO
SUSAN)
Record augmentation granted in part/denied in part
Appellant’s “Supplemental Motion to Augment and Correct the Record,” filed on June 3, 2015, is
granted in part and denied without prejudice in part as follows.
The request to augment the record is denied without prejudice to appellant filing in the superior
court a notice of omission. (Cal. Rules of Court, rule 8.634(c); 8.155(b).)
The request to correct the record is granted. Within 10 days from the date of this order, counsel
for both parties and the Clerk of this court must return to the Clerk of the superior court Volume
XII, pages 2301-2561, of the Clerk’s Transcript on Appeal. Within 45 days from the date of this
order, the Clerk of the superior court must (1) prepare a new version of this volume of the Clerk’s
Transcript in which all personal identifying of any seated or alternate juror has been removed and
replaced by appropriate identifying numbers, as required by the Code of Civil Procedure, section
237, subdivision (a), and the California Rules of Court, rules 8.610(c) and 8.332, in particular
such information appearing on any page between pages 2301 and 2539, and (2) send the original
of the new Volume XII to this court and copies to counsel for the parties.
S219811 B252032 Second Appellate District, Div. 3 LEWIS (ALWIN CARL) v. S.C.
(MEDICAL BOARD OF
CALIFORNIA)
Motion to file document under seal granted
Respondent’s “Unopposed Motion to Correct Appellate Record or, in the Alternative, File Under
Seal,” filed on June 9, 2015, is granted as follows. The Clerk is directed to: (1) remove from the
public record and file under seal the unredacted version of Volumes I to III of the “Record:
Supporting Exhibits to Petition for Writ of Mandate and/or Prohibition or Other Appropriate
Relief,” pages 1 to 893; and (2) publicly file as part of the record the redacted version of these
volumes submitted by respondent on June 9, 2015. In sealing the unredacted volumes, the court
makes the findings required by rule 8.46(d)(6) of the California Rules of Court.
S219891 ALVAREZ (JUAN BOSCO)
ON H.C.
Motion to file document under seal denied
Respondent’s “Application to File Unredacted Informal Response Under Seal,” filed on
November 12, 2014, is denied. (Cal. Rules of Court, rules 2.550, 2.551, and 8.46.) The clerk of
this court is directed to return the unredacted Informal Response, lodged conditionally under seal
in this court on November 12, 2014, to respondent, unless respondent notifies the clerk in writing
within 10 days after the date of this order that the Informal Response is to be filed as part of the
public record. (See Cal. Rules of Court, rule 8.46(f)(3)(D).)
SAN FRANCISCO AUGUST 19, 2015 1349
S141320 ROBINSON, JR., (JAMES) ON
H.C.
Reference hearing ordered
Based on the record in this matter and good cause appearing:
The Honorable Carolyn B. Kuhl, Presiding Judge of the Superior Court of California, County of
Los Angeles, is directed to select a Judge of that court to sit as a referee in this proceeding and
promptly notify this court of the referee selected. After appointment by this court, the referee is to
take evidence and make findings of fact on the following questions regarding the case of People v.
James Robinson, Jr. (Superior Court of California, County of Los Angeles No. PA007095, Judge
Ronald S. Coen):
1) During the guilt phase deliberations, did any jurors discuss the possible sentences petitioner
faced if he were convicted? If such discussions occurred, which jurors participated in the
discussions, and what was the extent and context of any discussion about the possible
sentences?
2) Assuming for the purposes of answering the following question that Evidence Code section
1150 does not apply, during guilt phase deliberations did any jurors agree to vote to convict
petitioner of the charged crimes in exchange for voting against a death verdict during the
penalty phase?
3) Assuming for the purposes of answering the following question that Evidence Code section
1150 does not apply, was Juror Nancy Gronewold biased against petitioner due to his race?
4) If Juror Nancy Gronewold was biased against petitioner due to his race, did she fail to
disclose her bias on her juror questionnaire or during voir dire at petitioner’s trial? If she
did, was the nondisclosure intentional and deliberate?
It is further ordered that the referee prepare and submit to this court a report of the proceedings
conducted pursuant to this appointment, of the evidence adduced, and the findings of fact made.
Petitioner’s “Motion for Discovery,” filed on March 13, 2015, is referred to the referee for
disposition. All future requests for discovery in this matter must be addressed to the referee.
If petitioner believes additional funds are required for investigator or expert services, he should
apply in the first instance to the referee. The referee is instructed to consider the investigation
petitioner has already undertaken and to decide - bearing in mind that any further investigation
must be pertinent to the questions this court has posed in this order, and considering what is
normally paid for comparable investigation pretrial - whether petitioner reasonably needs
additional funds to prepare for and conduct the evidentiary hearing, and if so, how much. The
referee will then make a recommendation concerning any further funding to this court, which will
make the final decision.
S228623 BULLETTI (PETER C.) v. S.C.
(SECURITY CODE 3, INC.)
Transferred to Court of Appeal, Sixth Appellate District
The above-entitled matter is transferred to the Court of Appeal, Sixth Appellate District.
SAN FRANCISCO AUGUST 19, 2015 1350
S227886 ACCUSATION OF MUNOZ
Petition denied (accusation)
S226334 KAMMERER ON
DISCIPLINE
Petition for writ of review denied; disbarred
The petition for review is denied.
The court orders that JENNIFER LYNN KAMMERER, State Bar Number 204888, is summarily
disbarred from the practice of law and that her name is stricken from the roll of attorneys.
JENNIFER LYNN KAMMERER 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.
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.
Fourth Appellate District, Div. 2 TRANSFER ORDERS
The following matters, now pending in the Court of Appeal, Fourth Appellate District, are
transferred from Division Two to Division One:
1. E061009 People v. Juan Arias
2. E061791 People v. Tydrick Carr
3. E061845 People v. Robert Shaw
4. E061111 People v. Juan Lara
5. E059811 People v. Victor Mendez
6. E061435 People v. Peter Zamora
7. E061094 People v. Davel Walker
8. E061957 People v. Sergio Lopez
9. E061485 People v. Anthony Legaspi et al.
10. E061794 People v. Sergio Ramirez-Guzman
11. E059577 People v. Ronald Hampton
12. E061975 People v. Jose Lopez et al.
13. E061483 People v. Fabian Perez
14. E060687 SML Consultants, Inc. v. Southern California Edison Company; Sharon
Martinez
15. E062152 Palms and Sands Homeowner’s Association v. Bank of America, N.A., et al.
16. E060996 Hiram Jones et al. v. William Cooke
17. E061272 Palm Springs Villa II Homeowners Association, Inc. v. Erna Parth
18. E060977 SoCal Self Storage-Loma Linda, LP v. Raymond Clark et al.
E061689 SoCal Self Storage-Loma Linda, LP v. Loma Linda University
19. E061849 Wendy Rivera v. Joseph Gentile et al.
20. E062529 Viorel Bucur et al. v. Mirza Ahmad
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