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) Petition for review denied
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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)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 641
S247163 C080909 Third Appellate District PEOPLE v. BECKER
(JOSEPH PAUL)
Petition for review denied
S247242 B268501 Second Appellate District, Div. 7 PEOPLE v. MITCHELL
(JEREMY QUWAN)
Petition for review denied
S247243 B272273 Second Appellate District, Div. 5 WEST (VAL) v. ARENT FOX
LLP
Petition for review denied
S247248 B276479 Second Appellate District, Div. 7 PEOPLE v. QUEL (RICARDO)
Petition for review denied
S247250 F077014 Fifth Appellate District PATTERSON FROZEN
FOODS, INC. v. S.C. (TRAINA
PACIFIC, LLC)
Petition for review denied
S247263 H043080 Sixth Appellate District PEOPLE v. VERDEN
(CHANNING PARKER)
Petition for review denied
S247264 G053255 Fourth Appellate District, Div. 3 PEOPLE v. STREMPLE
(ANTHONY ALFREDO)
Petition for review denied
S247284 B280391 Second Appellate District, Div. 1 PEOPLE v. LUONG (QUANG
CHI)
Petition for review denied
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
SAN FRANCISCO MAY 9, 2018 642
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.)
Petition for review denied
S247312 A148136 First Appellate District, Div. 1 PEOPLE v. OLIVIER (DAVID
LAWRENCE)
Petition for review denied
S247322 A150330 First Appellate District, Div. 5 PEOPLE v. GARROD (MARY
JANE)
Petition for review denied
S247323 B283132 Second Appellate District, Div. 5 KERKORIAN (KIRK),
ESTATE OF
Petition for review denied
S247325 A150659 First Appellate District, Div. 1 PEOPLE v.
REGALADO-GODOY
(FRANCISCO)
Petition for review denied
S247336 E066087 Fourth Appellate District, Div. 2 PEOPLE v. ESTRADA
(JOSHUA SANTINO)
Petition for review denied
S247342 A148440 First Appellate District, Div. 2 PEOPLE v. HARDEMAN
(BOBBY RAY)
Petition for review denied
S247353 B286494 Second Appellate District, Div. 3 NUNEZ (DANIEL) v. S.C.
(PEOPLE)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 643
S247366 B275489 Second Appellate District, Div. 6 PEOPLE v. WHITE (DIRCK
MORGAN)
Petition for review denied
S247373 E066430 Fourth Appellate District, Div. 2 PEOPLE v. HUBER (CHAD
ISAAC)
Petition for review denied
S247382 H042282 Sixth Appellate District PEOPLE v. LOPEZ (CARLOS
DAVID)
Petition for review denied
S247390 B259535/B264669 Second Appellate District, Div. 3 COOPER (AUDREY) v. SDLA
PROPERTIES, L.P.
Petition for review denied
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)
Petition for review denied
S247409 A140841 First Appellate District, Div. 2 PEOPLE v. JOHNSON
(KALANN R.)
Petition for review denied
S247424 D069241 Fourth Appellate District, Div. 1 PEOPLE v. LOPEZ-FRAUSTO
(EDGAR)
Petition for review denied
S247441 H040822 Sixth Appellate District PEOPLE v. CHAMBERS
(GEOFFREY RAYNARD)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 644
S247446 G054981 Fourth Appellate District, Div. 3 CALIFORNIA
SELF-INSURERS’ SECURITY
FUND v. S.C. (ACTIVCARE
LIVING)
Petition for review denied
S247460 PEOPLE v. HARRIS (IONON
B.)
Petition for review denied
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
Petition for review denied
S247469 D071449 Fourth Appellate District, Div. 1 PEOPLE v. RILEY (ALLAN
DAVID)
Petition for review denied
S247475 H043897 Sixth Appellate District PEOPLE v. THYNE
(CHRISTOPHER CHARLES)
Petition for review denied
S247476 A148665 First Appellate District, Div. 3 PEOPLE v. EVANS
(KRYSTAL STARR)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 645
S247480 A152990/A153051 First Appellate District, Div. 5 PITTSBURG, CITY OF v.
WORKERS’
COMPENSATION APPEALS
BOARD
Petitions for review denied
The request for attorney fees is denied.
S247482 B283187 Second Appellate District, Div. 4 VERA (DAVID) v. US
BANKCARD SERVICES, INC.
Petition for review denied
S247483 B277905 Second Appellate District, Div. 1 LOZA (SERAFIN) v. U.S.
BANCORP INVESTMENTS,
INC.
Petition for review denied
S247490 B279218 Second Appellate District, Div. 2 PEOPLE v. LABEAUX
(CHARLES)
Petition for review denied
S247492 A149929 First Appellate District, Div. 2 IN RE ZION Y.
Petition for review denied
S247495 B277516 Second Appellate District, Div. 2 PEOPLE v. FARFAN (JOSUE)
Petitions for review denied
S247496 H041769 Sixth Appellate District PEOPLE v. SERNA
(NORBERTO)
Petition for review denied
S247497 B262569 Second Appellate District, Div. 2 PEOPLE v. ANDRADE, JR.,
(ARTHUR ANDREW)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 646
S247499 C078719 Third Appellate District LARSEN (WYATT) v. CITY
OF FOLSOM
Petition for review denied
S247502 C078282 Third Appellate District PEOPLE v. LEONARD
(JOSEPH PAUL)
Petition for review denied
S247504 E066037 Fourth Appellate District, Div. 2 PEOPLE v. VALENCIA (JOSE
ALBERTO)
Petition for review denied
S247505 B282225 Second Appellate District, Div. 1 PEOPLE v. MONGE
(CARLOS)
Petition for review denied
S247512 B287223 Second Appellate District, Div. 2 SILVER (DAVID) v.
WORKERS’
COMPENSATION APPEALS
BOARD & WORKMAN
CONSTRUCTION INC.
Petition for review denied
S247515 G055165 Fourth Appellate District, Div. 3 SALAS (RICARDO) v. S.C.
(PEOPLE)
Petition for review denied
S247516 B280638 Second Appellate District, Div. 2 PEOPLE v. NEWMAN
(CHARLES)
Petition for review denied
S247524 B278052 Second Appellate District, Div. 1 TIKOSKY (JACOB) v.
YEHUDA (YORAM)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 647
S247527 B270172 Second Appellate District, Div. 3 CANDELORE (ALLAN) v.
TINDER, INC.
Petition for review denied
S247530 B269524 Second Appellate District, Div. 3 PEOPLE v. COLLINS (GLEN
DALE)
Petition for review denied
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)
Petition for review denied
S247548 A147623 First Appellate District, Div. 2 PEOPLE v. PATINO (OSCAR
GILBERTO)
Petition for review denied
S247551 H041647 Sixth Appellate District PEOPLE v. OMAR
(MOHAMMED)
Petition for review denied
S247561 B271312 Second Appellate District, Div. 3 GONZALEZ (JUAN) v. LEW
(WAYNE BILL)
Petition for review denied
S247586 A153758 First Appellate District, Div. 4 ROSE (SAI STEPHEN) v. S.C.
(ROSE-CAMPBELL)
Petition for review denied
S247591 F072037 Fifth Appellate District PEOPLE v. GRAHAM
(ROBERT LEE)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 648
S247601 C086527 Third Appellate District CRITTENDEN (STEVEN
EDWARD) v. S.C. (PEOPLE)
Petition for review denied
S247641 G053479 Fourth Appellate District, Div. 3 PEOPLE v. MANRIQUEZ-
FERNANDEZ (VICTOR
CARMEN)
Petition for review denied
S247651 G054142 Fourth Appellate District, Div. 3 PAGE (MARJORIE) v.
MISSION HOSPITAL
Petition for review denied
S247653 E065468 Fourth Appellate District, Div. 2 PEOPLE v. HAGE
(CHARLES)
Petition for review denied
S247655 STEPHEN (JIMMIE) v.
LEWIS (J.)
Petition for review denied
S247663 B281121 Second Appellate District, Div. 7 PEOPLE v. CORDOVA (SAUL
ANGEL VALENZUELA)
Petition for review denied
S247668 G053662 Fourth Appellate District, Div. 3 PEOPLE v. GUYTON, JR.,
(JOHNNY LEE)
Petition for review denied
S247697 A153669 First Appellate District, Div. 3 HARRELL (HULEN T.) v. S.C.
(ALAMEDA COUNTY
SHERIFF’S DEPARTMENT)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 649
S247699 E067442 Fourth Appellate District, Div. 2 PEOPLE v. NUNEZ
(ALEXANDER BELTRAN)
Petition for review denied
S247701 B287655 Second Appellate District, Div. 1 SCOTT (DONYELL) ON H.C.
Petition for review denied
S247702 F018043 Fifth Appellate District PEOPLE v. XIONG (YENG)
Petition for review denied
The request for judicial notice is granted.
S247717 C075194 Third Appellate District PEOPLE v. DANIELS, JR.,
(LANDRY LEMELL)
Petition for review denied
S247723 B278139 Second Appellate District, Div. 6 PEOPLE v. OOMERJEE
(MEHMOOD S.)
Petition for review denied
S247732 B288462 Second Appellate District, Div. 7 MARTIN (CENTIA) ON H.C.
Petition for review denied
S247735 B282390 Second Appellate District, Div. 6 PEOPLE v. LOPEZ
(GREGORIO GOMEZ)
Petition for review denied
S247737 A150350 First Appellate District, Div. 2 PEOPLE v. FUIMAONO
(FESUIAI SOLI)
Petition for review denied
S247741 H043429 Sixth Appellate District PEOPLE v. SPAIN (JORGE
LUIS)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 650
S247759 G055979 Fourth Appellate District, Div. 3 SENATOR (BRUCE) v.
QUAKER OATS COMPANY
Petition for review denied
S247761 B193719 Second Appellate District, Div. 7 PEOPLE v. WARD (EUGENE
HAROLD)
Petition for review denied
S247762 E067600 Fourth Appellate District, Div. 2 PEOPLE v. CALDON
(CHARLES JOSEPH)
Petition for review denied
S247763 C086606 Third Appellate District ANDERSON (DION) v. S.C.
(PEOPLE)
Petition for review denied
S247764 D072183 Fourth Appellate District, Div. 1 PEOPLE v. FLOURNOY
(MAURICE)
Petition for review denied
S247771 G054577 Fourth Appellate District, Div. 3 PEOPLE v. GUERRERO-
JASSO (JOEL)
Petition for review denied
S247788 F072736 Fifth Appellate District PEOPLE v. VASQUEZ
(FRANK)
Petition for review denied
S247789 F072699 Fifth Appellate District PEOPLE v. THOMAS (HOSH
DEION)
Petition for review denied
S247793 D073008 Fourth Appellate District, Div. 1 PEOPLE v. HOWARD (TED
PRESTON)
Petition for review denied
SAN FRANCISCO MAY 9, 2018 651
S247813 A151454 First Appellate District, Div. 2 HILL (DEANDRE MAURICE)
ON H.C.
Petition for review denied
S247818 B280760 Second Appellate District, Div. 6 PEOPLE v. MOORE
(STEVEN)
Petition for review denied
S247833 A148176 First Appellate District, Div. 4 PEOPLE v. COCA (THOMAS)
Petition for review denied
S247835 G053536/G053842/G054135
Fourth Appellate District, Div. 3 NGUYEN (TUYEN DUC) v.
HSBC BANK USA, N.A.
Petition for review denied
Chin, J., was recused and did not participate.
S247836 F072915 Fifth Appellate District PEOPLE v. WEATHERS
(ERNEST)
Petition for review denied
S247838 D073118 Fourth Appellate District, Div. 1 PEOPLE v. SUMPTER, JR.,
(WILLIAM OLIVER)
Petition for review denied
S247840 E064339 Fourth Appellate District, Div. 2 PEOPLE v. MORGAN