Page 1
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.
Page 2
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.
Page 3
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
Page 4
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.
Page 5
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.
Page 6
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
Page 7
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.
Page 8
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.
Page 9
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.
Page 10
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.
Page 11
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.
Page 12
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.
Page 13
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
Page 14
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.
Page 15
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.
Page 16
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
Page 17
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.
Page 18
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].)
Page 19
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.
Page 20
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.
Page 21
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
Page 22
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
Page 23
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.
Page 24
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.
Page 25
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.)
Page 26
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