SUPREME COURT MINUTES WEDNESDAY, APRIL 15, 2015 SAN ...
Transcript of SUPREME COURT MINUTES WEDNESDAY, APRIL 15, 2015 SAN ...
585
SUPREME COURT MINUTES
WEDNESDAY, APRIL 15, 2015
SAN FRANCISCO, CALIFORNIA
S224472 A143195 First Appellate District, Div. 3 DHILLON (JATINDER) v.
JOHN MUIR HEALTH
Petition for review granted
Votes: Cantil-Sakauye, C. J., Werdegar, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S217896 PEOPLE v. GREWAL
(KIRNPAL)
S217979 PEOPLE v. NASSER (KAMAL
KENNY)
Case consolidated with:
S217896 & S217979
THE PEOPLE, Plaintiff and Respondent,
v.
KIRNPAL GREWAL et al., Defendants and Appellants.
________________________
THE PEOPLE, Plaintiff and Respondent,
v.
KAMAL KENNY NASSER et al., Defendants and Appellants.
________________________________________________________________________
Good cause appearing, the above-entitled cases are consolidated for purposes of oral argument
and opinion. Oral argument will be 1 hour (30 minutes per side), and the parties must divide the
time among themselves. (See Internal Operating Practices & Procedures of California Supreme
Court, § V, 3d. par.)
The motion of appellants Kirnpal Grewal and Philip Ernest Walker to take judicial notice is
granted in part and denied in part, as follows: The motion is granted regarding legislative history
materials and is otherwise denied. The motions of amici curiae Attorney General of California
and the Viejas Band of Kumeyaay Indians and Lytton Rancheria to take judicial notice are
granted.
The motion of appellants Grewal and Walker “to reset calendaring for oral argument” is denied.
SAN FRANCISCO APRIL 15, 2015 586
S224564 D063428 Fourth Appellate District, Div. 1 PEOPLE v. CONTRERAS
(LEONEL)
Petition for review granted; briefing deferred
Respondent’s petition for review is granted, and further action in this matter is deferred pending
consideration and disposition of a related issue in In re Alatriste, S214652, In re Bonilla,
S214960, and People v. Franklin, S217699 (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.
Appellant’s petition for review is denied.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S224745 B254093 Second Appellate District, Div. 7 WILSON (DERRICK LYNN)
ON H.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 In re Alatriste, S214652 and In re Bonilla, S214960 (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.
S224781 F067704 Fifth Appellate District PEOPLE v. ALLEN (ERNEST
LEE)
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. Chaney, S223676, and People v. Valencia, S223825
(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.
S224790 B252846 Second Appellate District, Div. 6 PEOPLE v. ANDRADE
(ALBERT TICO)
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. Chaney, S223676, and People v. Valencia, S223825
(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 APRIL 15, 2015 587
S224957 F068002 Fifth Appellate District PEOPLE v. IVORY (ANDREA
DENISE)
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. Chaney, S223676, and People v. Valencia, S223825
(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.
S224313 E060184 Fourth Appellate District, Div. 2 IN RE G.D.
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division
Two
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 decision and reconsider the cause in light of J.D.B. v. North Carolina
(2011) 564 U.S. __ [131 S.Ct. 2394].
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S224440 B246518 Second Appellate District, Div. 4 PEOPLE v. GREEN (BRIAN)
Petition for review granted; transferred to Court of Appeal, Second Appellate District, Division
Four
The petition for review is granted. The matter is transferred to the Court of Appeal, Second
District, Division Four, with directions to consider whether to remand to the trial court for
resentencing in accordance with Penal Code section 667, subdivision (e)(2)(A) (see People v.
Smith (2001) 24 Cal.4th 849, 852 [exception to the waiver rule for unauthorized sentence]).
Votes: Cantil-Sakauye, C. J., Werdegar, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S223985 B247575 Second Appellate District, Div. 3 PEOPLE v. XULU (THOMAS
ALBERT)
Petitions for review denied
S224026 G049580 Fourth Appellate District, Div. 3 NICK (ADAM) v.
DEPARTMENT OF
ALCOHOLIC BEVERAGE
CONTROL (7-ELEVEN, INC.)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 588
S224119 A137454 First Appellate District, Div. 4 ALPAY (NADIA) v.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS
INC.
Petition for review denied
S224131 B256509 Second Appellate District, Div. 8 SANKEY (LA TINA) v.
AEROPOSTALE WEST, INC.
(JONES, BELL, ABBOTT,
FLEMING & FITZGERALD,
LLP)
Petition for review denied
S224266 E058331 Fourth Appellate District, Div. 2 PEOPLE v. RIOS (MIKE
LUIS)
Petition for review denied
S224277 A138914 First Appellate District, Div. 5 CENTER FOR BIOLOGICAL
DIVERSITY v. CALIFORNIA
DEPARTMENT OF
FORESTRY & FIRE
PROTECTION (NORTH
GUALALA WATER
COMPANY)
Petition for review denied
S224281 H039704 Sixth Appellate District PEOPLE v. LAL (ASHISH
KUMAR)
Petition for review denied
S224282 B252992 Second Appellate District, Div. 5 PEOPLE v. HAYES
(JAHRELL L.)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 589
S224288 B257712 Second Appellate District, Div. 5 FIX THE CITY v. CITY OF
LOS ANGELES
(HOLLYWOOD CHAMBER
OF COMMERCE)
Petition for review denied
S224292 A140232/A141228 First Appellate District, Div. 2 J.B.B. INVESTMENT
PARTNERS LTD. v. R.
THOMAS FAIR
Petition for review denied
S224310 B253609 Second Appellate District, Div. 4 PEOPLE v. PROCTOR
(MICHAEL E.)
Petition for review denied
S224332 G051300 Fourth Appellate District, Div. 3 SUMRALL (MICHAEL J.) v.
S.C. (MODERN ALLOYS,
INC.)
Petition for review denied
S224341 A141503 First Appellate District, Div. 2 KELLY (PATRICK) v.
TEETERS (JACK EUGENE)
Petition for review denied
S224372 B244800 Second Appellate District, Div. 6 PEOPLE v. QUEZADA
(JESSE)
Petitions for review denied
The request for judicial notice is denied.
S224378 C069317 Third Appellate District PEOPLE v. HAMMONS
(ROBERT LEE)
Petitions for review denied
S224381 E060242 Fourth Appellate District, Div. 2 PEOPLE v. HOUTS, JR.,
(WILLIAM HOWARD)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 590
S224382 E061683 Fourth Appellate District, Div. 2 RIOS (MIKE LUIS) ON H.C.
Petition for review denied
S224385 E060270 Fourth Appellate District, Div. 2 PEOPLE v. DOBSON (RANDY
KENNETH)
Petition for review denied
S224407 B243204 Second Appellate District, Div. 5 PEOPLE v. PRADO (EFRAIN)
Petitions for review denied
S224446 B260227 Second Appellate District, Div. 3 SMITH (TIMOTHY) v.
WORKERS’
COMPENSATION APPEALS
BOARD & WEST COAST
AGGREGATES, INC.
Petition for review denied
S224457 B243042 Second Appellate District, Div. 4 PEOPLE v. MONTOYA
(LETICIA MARIE)
Defendant Montoya’s request for judicial notice is granted. The petitions for review are denied.
S224461 B251215 Second Appellate District, Div. 6 COMMISSIONER OF
REVENUE OF THE STATE
OF MINNESOTA v. NELSON
(BRUCE)
Petition for review denied
S224471 B251749 Second Appellate District, Div. 5 WANG (QIZHAO CHARLES)
v. MURRAY COMPANY, INC.
Petition for review denied
S224487 A140144/A140781 First Appellate District, Div. 3 IN RE R.T.
Petition for review & depublication request(s) denied
SAN FRANCISCO APRIL 15, 2015 591
S224527 B249362 Second Appellate District, Div. 3 PEOPLE v. BELTRAN
(DANNY)
Petition for review denied
S224532 A133129 First Appellate District, Div. 2 PEOPLE v. MACKEY
(ANTOINE A.)
Petitions for review denied
S224535 H039502 Sixth Appellate District PEOPLE v. BROWN
(LACHRIS SHONETEZE)
Petition for review denied
S224536 C076238 Third Appellate District IN RE V.M.
Petitions for review denied
S224539 G051130 Fourth Appellate District, Div. 3 SLEDGE (DERRICK LEE) ON
H.C.
Petition for review denied
S224561 B261655 Second Appellate District, Div. 4 KHASHAN (NINA) v.
S.C. (GEICO GENERAL
INSURANCE COMPANY,
INC.)
Petition for review denied
S224565 G048000 Fourth Appellate District, Div. 3 DIAMOND ENTERPRISES,
LTD., LP v. YOUNESSI
(MICHAEL)
Petition for review denied
S224573 B252000 Second Appellate District, Div. 3 PEOPLE v. NORWOOD
(MAURICE)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 592
S224583 D065254 Fourth Appellate District, Div. 1 IN RE DESTANY H.
Petition for review denied
S224600 F066892 Fifth Appellate District PEOPLE v. YSLAS (VICTOR)
Petition for review denied
S224604 F066825 Fifth Appellate District PEOPLE v. GIVAN
(DEMARCUS MONTE)
Petition for review denied
S224610 G050899 Fourth Appellate District, Div. 3 VEGA (OSVALDO) ON H.C.
Petition for review denied
S224612 B248339 Second Appellate District, Div. 6 PEOPLE v. ROBLES
(ADRIAN)
Petition for review denied
S224617 F066265 Fifth Appellate District PEOPLE v. MULTANI
(DALJIT SINGH)
Petition for review denied
S224622 C075279 Third Appellate District PEOPLE v. SCHNEIDER
(CURTIS B.)
Petition for review denied
S224643 B251502 Second Appellate District, Div. 7 PEOPLE v. GARCIA
(MOISES)
Petition for review denied
S224655 A138987 First Appellate District, Div. 2 PEOPLE v. ORTIZ-
CALDERON (JOSE RAMON)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 593
S224656 B249521 Second Appellate District, Div. 5 BENNETT (PAMELA) v.
BANK OF AMERICA
CORPORATION
Petition for review denied
Chin, J., was recused and did not participate.
S224657 B250877 Second Appellate District, Div. 6 PEOPLE v. ROMERO
(SANDRA ANN)
Petition for review denied
S224659 G050453 Fourth Appellate District, Div. 3 ROJAS (SERGIO) v.
SHIOMOTO (JEAN)
Petition for review denied
S224664 B252161 Second Appellate District, Div. 5 CAMARILLO (DANA L.) v.
COUNTY OF LOS ANGELES
Petition for review denied
S224671 E062825 Fourth Appellate District, Div. 2 BRIGGS (MICHAEL) v.
WORKERS’
COMPENSATION APPEALS
BOARD & STATE
COMPENSATION
INSURANCE FUND
Petition for review denied
S224673 RUCKER (CATHERINE) v.
S.C. (ROSELLI)
Petition for writ of certiorari denied
S224702 B261624 Second Appellate District, Div. 2 ORTEGA (URIEL) ON H.C.
Petition for review denied
S224728 E060974 Fourth Appellate District, Div. 2 PEOPLE v. ATLAS, JR.,
(JOHN)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 594
S224730 B249724 Second Appellate District, Div. 1 PEOPLE v. BROOKS
(HARVEY)
Petition for review denied
S224731 B261702 Second Appellate District, Div. 5 OBANDO (RENATO) ON
H.C.
Petition for review denied
S224733 B251608 Second Appellate District, Div. 2 PEOPLE v. OCHOA
(FERNANDO)
Petition for review denied
S224735 D064831 Fourth Appellate District, Div. 1 PEOPLE v. PIMENTAL
(WILLIAM ROBERT)
Petition for review denied
S224737 D066230 Fourth Appellate District, Div. 1 PEOPLE v. WILLIAMS
(CEDRIC DALE)
Petition for review denied
S224738 G049082 Fourth Appellate District, Div. 3 PEOPLE v. BARNHART
(ROBERT ALLEN)
Petition for review denied
S224740 B252641 Second Appellate District, Div. 3 PEOPLE v. CORDOVA
(ZANAIDA CHRISTINA)
Petition for review denied
S224741 C069089/C069380 Third Appellate District PEOPLE v. TURNER
(ROBERT ALEXIS)
Petitions for review denied
S224743 G049226 Fourth Appellate District, Div. 3 PEOPLE v. MURIEL
(ROBERT ISMAEL)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 595
S224746 WOFFORD (SEAN) v. COURT
OF APPEAL, SECOND
APPELLATE DISTRICT,
DIVISION EIGHT
(HOLLICK)
Petition for writ of mandate/prohibition denied
S224747 A143614 First Appellate District, Div. 2 DUNAWAY (THOMAS J.) ON
H.C.
Petition for review denied
S224748 B261903 Second Appellate District, Div. 8 ZISKIN (STEVEN ALAN) v.
S.C. (ASSOCIATION LIEN
SERVICES)
Petition for review denied
S224752 G050287 Fourth Appellate District, Div. 3 PEOPLE v. MORENO (RUDY
ANTHONY)
Petition for review denied
S224754 B253176 Second Appellate District, Div. 1 IN RE ANGELINA E.
Petition for review denied
The request for judicial notice is denied.
S224757 B252575 Second Appellate District, Div. 1 PEOPLE v. THORNTON
(CHRISTOPHER)
Petition for review denied
S224758 D066207 Fourth Appellate District, Div. 1 PEOPLE v. NELSON
(DARRIN DEWANE)
Petition for review denied
S224759 D064774 Fourth Appellate District, Div. 1 PEOPLE v. BAILEY (ALVIS
J.)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 596
S224761 B252425 Second Appellate District, Div. 8 PEOPLE v. VARGAS (JESUS
MIGUEL)
Petition for review denied
S224762 E059610 Fourth Appellate District, Div. 2 PEOPLE v. ARREDONDO,
JR., (JOHN EDWARD)
Petition for review denied
S224763 G049083 Fourth Appellate District, Div. 3 PEOPLE v. AGUILAR
(ADRIAN)
Petition for review denied
S224765 B261923 Second Appellate District, Div. 7 COHN (DAVID) ON H.C.
Petition for review denied
S224766 B255001 Second Appellate District, Div. 8 IN RE B.D.
Petition for review denied
S224769 B252398 Second Appellate District, Div. 3 IN RE C.M.
Petition for review denied
S224771 G050281 Fourth Appellate District, Div. 3 PEOPLE v. LOPEZ
(ANTHONY RAY)
Petition for review denied
S224772 B252090 Second Appellate District, Div. 7 PEOPLE v. LEWIS
(DARRYLL L.)
Petition for review denied
S224773 B240015 Second Appellate District, Div. 3 PEOPLE v. BHATIA
(NEELAM)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 597
S224776 A143818 First Appellate District, Div. 4 PEOPLE v. HIRAMANEK
(ADIL KEKI)
Petition for review denied
S224778 A138325 First Appellate District, Div. 1 PEOPLE v. BRASLAW
(STEVEN M.)
Petition for review denied
S224786 A138870 First Appellate District, Div. 5 PEOPLE v. PIERCE
(RANDALL BLAINE)
Petition for review denied
S224792 A141067 First Appellate District, Div. 4 IN RE A.L.
Petition for review denied
S224799 A139126 First Appellate District, Div. 3 PEOPLE v. WHITE
(ROBERT)
Petition for review denied
S224803 B261872 Second Appellate District, Div. 5 ALEKSANYAN (VAHE) v. S.C.
(PEOPLE)
The motion for judicial notice is granted. The petition for review is denied
S224809 E056726 Fourth Appellate District, Div. 2 MUNOZ (JOSE DEJESUS) v.
PALM SPRINGS BAKING
COMPANY, INC.
Petition for review denied
S224821 B251128 Second Appellate District, Div. 4 PEOPLE v. STREETER
(DONALD)
Petition for review denied
S224823 D065064 Fourth Appellate District, Div. 1 PEOPLE v. WEIR (ZACHARY
LILLIS)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 598
S224826 E060006 Fourth Appellate District, Div. 2 PEOPLE v. BRODERICK
(ROBERT JAMES)
Petition for review denied
S224828 B247917 Second Appellate District, Div. 1 PEOPLE v. BRAMMER
(JAMES WILLIAM)
Petition for review denied
S224854 B246660 Second Appellate District, Div. 3 VARGAS (JOSE) v. FMI INC.
Petition for review denied
S224855 D061253 Fourth Appellate District, Div. 1 RAICEVIC (VLADIMIR) v.
LOPEZ (STEPHEN F.)
Petition for review denied
S224857 H039339 Sixth Appellate District PEOPLE v. VALDOVINOS
(JOEL MENDOZA)
Petition for review denied
S224858 A141951 First Appellate District, Div. 5 KIMENKER (NANCY I.) v.
KIMENKER (DONALD)
Petition for review denied
S224860 C076588 Third Appellate District PEOPLE v. NOLEN (JIMMY
GARFIELD)
Petition for review denied
S224864 B249035 Second Appellate District, Div. 1 PEOPLE v. HAFEZI
(FARHAD FRED)
Petition for review denied
S224866 B262062 Second Appellate District, Div. 7 McMILLER (SAMUEL) ON
H.C.
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 599
S224873 B246051 Second Appellate District, Div. 1 PEOPLE v. DANIELS
(LESTER LEE)
Petition for review denied
S224874 B252522 Second Appellate District, Div. 5 PEOPLE v. VANEGAS, JR.,
(MAXIMILIANO)
Petition for review denied
S224878 B256062 Second Appellate District, Div. 6 ATLAS TRUCKING, INC. v.
CITY OF LOMPOC
Petition for review denied
S224882 B254808 Second Appellate District, Div. 2 PEOPLE v. JONES (TANGIE
LAQUETTA)
Petition for review denied
S224883 D064105 Fourth Appellate District, Div. 1 PEOPLE v. BARBA
(GERARDO)
Petition for review denied
S224884 C069109 Third Appellate District WILLIAMS (VANI) v.
WILLIAMS (KIRK
DOUGLAS)
Petition for review denied
S224888 B261509 Second Appellate District, Div. 8 WILSON (DAVID W.) v. S.C.
(PEOPLE)
Petition for review denied
S224889 B254317 Second Appellate District, Div. 1 PEOPLE v. MEEKS (HENRY
EARL)
Petition for review denied
S224893 E060414 Fourth Appellate District, Div. 2 IN RE N.M.
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 600
S224894 H040702 Sixth Appellate District ARTEAGA (RICHARD
TORRES) v. S.C. (PEOPLE)
Petition for review denied
S224895 A144120 First Appellate District, Div. 5 PERRY, JR., (TIMOTHY W.)
ON H.C.
Petition for review denied
S224896 C073456 Third Appellate District PEOPLE v. CAMPBELL
(JERMAINE)
Petitions for review denied
S224899 H040068 Sixth Appellate District PEOPLE v. WHALEY
(GEORGE)
Petition for review denied
S224902 B254149 Second Appellate District, Div. 1 IN RE B.C.
Petition for review denied
S224903 B252590 Second Appellate District, Div. 6 PEOPLE v. ALVARADO
(JUAN FELIPE ARREOLA)
Petition for review denied
S224914 G047429 Fourth Appellate District, Div. 3 GRAY 1 CPB v. SCC
ACQUISITIONS, INC.
Petition for review denied
S224918 C071975 Third Appellate District PEOPLE v. JOHNSON, JR.,
(RICHARD STEVEN)
Petition for review denied
S224921 D065076 Fourth Appellate District, Div. 1 PEOPLE v. HOOD (DANIEL
ROGER)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 601
S224923 A135965 First Appellate District, Div. 3 PEOPLE v. MITCHELL
(CLAUDE LEE)
Petition for review denied
S224925 B262074 Second Appellate District, Div. 7 TALLEY (ALONZO
TREVON) v. S.C. (PEOPLE)
The petition for review is denied without prejudice to defendant’s right to file a renewed motion
under Penal Code section 1405 in the trial court that includes the information missing from his
prior motion.
S224932 D065019 Fourth Appellate District, Div. 1 PEOPLE v. BLAYLOCK
(DAVID S.)
Petition for review denied
S224934 F066361 Fifth Appellate District PEOPLE v. CHOATE (JERRY
DALE)
Petition for review denied
S224945 B247080 Second Appellate District, Div. 8 VELASQUEZ (WILFREDO) v.
CENTROME, INC.
Petition for review & depublication request(s) denied
S224951 C073359 Third Appellate District PEOPLE v. GRAVES
(CHARLES)
Petition for review denied
S224952 G050457 Fourth Appellate District, Div. 3 DUCOING MANAGEMENT
INC. v. S.C. (WINSTON &
ASSOCIATES INSURANCE
BROKERS, INC.)
Petition for review denied
S224953 D065805 Fourth Appellate District, Div. 1 KLAT (SUSAN V.) v. EVANS
TIRE & SERVICE CENTERS
#12
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 602
S224954 G050446 Fourth Appellate District, Div. 3 COBB, JR., (WILLIAM S.) v.
IRONWOOD COUNTRY
CLUB
Petition for review denied
S224958 A139672 First Appellate District, Div. 1 PEOPLE v. HERRERA
(MARCUS G.)
Petition for review denied
S224964 C075069 Third Appellate District PEOPLE v. GARCIA
(GEORGE ISEQUIEL)
The petition for review is denied without prejudice to any relief to which defendant might be
entitled after this court decides People v. Conley, S211275.
S224986 D063147 Fourth Appellate District, Div. 1 FAZIO, JR., (ROBERT) v.
FAIRBANKS RANCH
COUNTRY CLUB
Petition for review denied
S224993 B249357 Second Appellate District, Div. 8 PEOPLE v. SIMS (DAMIAN
CHRISTOPHER)
Petition for review denied
S224994 E058083 Fourth Appellate District, Div. 2 PEOPLE v. BARR (RONALD
EVERT)
Petition for review denied
S224996 B250393 Second Appellate District, Div. 3 MIR (JEHAN JEB) v.
IUNGERICH & SPACKMAN
Petition for review denied
S225005 A136453 First Appellate District, Div. 2 PEOPLE v. GARDNER
(JONATHAN MICAH)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 603
S225007 A141551 First Appellate District, Div. 3 IN RE ALEX Y.
Petition for review denied
S225010 D066517 Fourth Appellate District, Div. 1 IN RE NICHOLAS C.
Petition for review denied
S225015 B253472 Second Appellate District, Div. 8 PEOPLE v. CHANG (KAI)
Petition for review denied
S225019 G050275 Fourth Appellate District, Div. 3 PEOPLE v. YATES (DANA
FITZGERALD)
Petition for review denied
S225044 B262083 Second Appellate District, Div. 5 FARLOUGH (DEXTER SC)
ON H.C.
Petition for review denied
S225045 B254145 Second Appellate District, Div. 8 PEOPLE v. KHALEGHI
(KAVEH)
Petition for review denied
S225048 G048144 Fourth Appellate District, Div. 3 PEOPLE v. SALAZAR
(DYLAN WILLIAM)
Petition for review denied
S225049 B251315 Second Appellate District, Div. 5 PEOPLE v. HINTON
(RICHARD LAMONT)
Petition for review denied
S225055 B261657 Second Appellate District, Div. 8 CALLOWAY (LAMAR) v. S.C.
(PEOPLE)
Petition for review denied
SAN FRANCISCO APRIL 15, 2015 604
S225212 AZAM (NAZIE) v. COURT OF
APPEAL, FOURTH
APPELLATE DISTRICT,
DIVISION THREE (U.S.
BANK NATIONAL
ASSOCIATION)
Petition for writ of mandate/prohibition & application for stay denied
The “Petition for Writ of Mandate, Certiorari, Prohibition, Transfer or Other Appropriate Relief,”
which was filed in this court on March 20, 2015, is denied. The “Motion to Stay April 2, 2015
Order of the California Court of Appeal Fourth Appellate District Division and Issuance of
Remittitur,” which was filed in this court on April 6, 2015, is denied.
Chin, J., was recused and did not participate.
S225331 B257546 Second Appellate District, Div. 6 NUNEZ (JORGE) ON H.C.
Petition for review denied
S225393 B255918 Second Appellate District, Div. 6 HARDING (STEPHEN) v.
OLDENBURG (JOSEPH
BRENT)
Petition for review & application for stay denied
S225506 E063118 Fourth Appellate District, Div. 2 SHIPLEY (BONNIE) v. S.C.
(STUBBLEFIELD
PROPERTIES)
Petition for review & application for stay denied
S225670 BASHKIROFF (PETER) v.
S.C. (VENTURA POST
DISTRICT)
Petition for writ of mandate/prohibition & application for stay denied
S225706 B257148 Second Appellate District, Div. 1 FLAGSHIP THEATRES OF
PALM DESERT, LLC v.
CENTURY THEATRES, INC.
Petition for review & application for stay denied
SAN FRANCISCO APRIL 15, 2015 605
S218235 MALLORY III (OSCAR
WILLIAM) ON H.C.
Petition for writ of habeas corpus denied
S221632 WALKER (DUKE ANTHONY)
ON H.C.
The petition for writ of habeas corpus is denied as moot.
S222006 GONZALEZ (SERGIO) ON
H.C.
Petition for writ of habeas corpus denied
S222608 DAVIS (DOYLE DARNELL)
ON H.C.
Petition for writ of habeas corpus denied
S222618 NINO (JOE QUSTA) ON H.C.
Petition for writ of habeas corpus denied
S222665 HANLEY (DAVID BARRY)
ON H.C.
Petition for writ of habeas corpus denied
S223388 SHELL (JERONE A.) ON H.C.
Petition for writ of habeas corpus denied
S223716 MURPHY (MATHEW) ON
H.C.
Petition for writ of habeas corpus denied
S223721 AVILA (DONOVAN) ON H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO APRIL 15, 2015 606
S223816 DIMALANTA (EPIFANIO) ON
H.C.
The petition for writ of habeas corpus is denied on the merits with regard to claims 1 and 2. (See
Harrington v. Richter (2011) 562 U.S. 86 [131 S.Ct. 770, 785], citing Ylst v. Nunnemaker (1991)
501 U.S. 797, 803.)
S223840 TELLEZ (JESSE R.) ON H.C.
Petition for writ of habeas corpus denied
S223851 SCOTT, JR., (JAMES RAY)
ON H.C.
Petition for writ of habeas corpus denied
S223865 CARDENAS (RAYMOND) ON
H.C.
Petition for writ of habeas corpus denied
S224016 WATSON (ANTHONY
MARIO) 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.)
S224085 COPELAND (JONATHAN M.)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
S224120 REYES (RANDY RUBEN) ON
H.C.
Petition for writ of habeas corpus denied
S224132 HERNANDEZ (ALVINO) ON
H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO APRIL 15, 2015 607
S224133 LOVE (CURTIS LEE) ON H.C.
Petition for writ of habeas corpus denied
S224155 VALDEZ (BRANDON J.) ON
H.C.
Petition for writ of habeas corpus denied
S224156 PLASCENCIA (JOSE) ON
H.C.
Petition for writ of habeas corpus denied
S224159 EAGAN (ANTHONY) ON H.C
Petition for writ of habeas corpus denied
S224163 LEE (RONNIE) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769;
People v. Villa (2009) 45 Cal.4th 1063, 1070-1071.)
S224165 CURTIS (CHRISTOPHER
WAYNE) 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.)
S224191 THOMAS (DEVIN LAMAR)
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 Waltreus (1965) 62 Cal.2d 218, 225; In re Dixon
(1953) 41 Cal.2d 756, 759; In re Lindley (1947) 29 Cal.2d 709, 723; In re Miller (1941) 17 Cal.2d
734, 735.)
S224192 KING (CLINTON DOUGLAS)
ON H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO APRIL 15, 2015 608
S224193 WICHELMAN (THOMAS
ANTHONY) ON H.C.
Petition for writ of habeas corpus denied
S224194 ECHEVERRIA (LUIS) ON
H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Swain (1949) 34 Cal.2d 300, 304.)
S224196 MEDINA (LUIS) ON H.C.
Petition for writ of habeas corpus denied
S224198 ANDERSON (KAMREN ROY)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769.)
S224200 REVIERE (RAYMOND) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Miller (1941) 17 Cal.2d 734, 735.)
S224201 NESBITT (ROBERT) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
Werdegar, J., was recused and did not participate.
S224202 WILSON (PETER) 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 Miller (1941) 17 Cal.2d 734, 735.)
S224204 WILLIAMS (CHARLES A.)
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.)
SAN FRANCISCO APRIL 15, 2015 609
S224205 JORDAN (ROBERT
STEWART) ON H.C.
Petition for writ of habeas corpus denied
S224207 RICCHIO (LINDA
ELIZABETH) ON H.C.
The petition for writ of habeas corpus is denied. (See 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; In re Miller
(1941) 17 Cal.2d 734, 735.)
S224219 CABRALES (JORGE) ON H.C.
Petition for writ of habeas corpus denied
S224220 RIMPSON (GREGORY
WAYNE) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
S224223 AVILA (EMANUEL) ON H.C.
Petition for writ of habeas corpus denied
S224226 BOULLARD (LANDRY) 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.)
S224227 BURROUGHS (MICHAEL
LeMON) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Miller (1941) 17 Cal.2d 734, 735.)
S224243 MENDOZA (FABIAN) ON
H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO APRIL 15, 2015 610
S224245 CARROLL III (JAMES E.) 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.)
S224246 PORTEE (DAVID 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.)
S224252 JONES (MARK ANTHONY)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was recused and did not participate.
S224255 ENBORG (DOUGLAS) ON
H.C.
Petition for writ of habeas corpus denied
S224263 VONGPHACHANH
(JOHNNY) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921, 925-
926.)
S224268 MURGUIA (GREGORIO) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769;
In re Swain (1949) 34 Cal.2d 300, 304.)
S224269 JONES (JEREMIAH ALLEN)
ON H.C
The petition for writ of habeas corpus is denied. (See In re Dixon (1953) 41 Cal.2d 756, 759; In
re Swain (1949) 34 Cal.2d 300, 304.)
SAN FRANCISCO APRIL 15, 2015 611
S224977 ARAGON (RIGOBERTO) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
S225053 WILSON (BENNIE RAY) ON
H.C.
Petition for writ of habeas corpus denied
S225146 CONROY (MICHAEL
ROBERT) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
S225215 WILLIAMS (JAMES DAVID)
ON H.C.
Petition for writ of habeas corpus denied
S224936 A138266 First Appellate District, Div. 2 YOUNG (ANDREW) ON H.C.
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 January 13, 2015, which appears at 232 Cal.App.4th 1421. (Cal.
Const., art. VI, section 14; Cal. Rules of Court, rule 8.1125(c)(1).)
S223880 F065144/F065570 Fifth Appellate District COYOTE SPRINGS GUEST
RANCH v. CASTALDI
(ALFONSE)
Publication request denied (case closed)
S224077 B250922 Second Appellate District, Div. 4 LOS ANGELES POLICE
PROTECTIVE LEAGUE v.
CITY OF LOS ANGELES
Depublication request denied (case closed)
SAN FRANCISCO APRIL 15, 2015 612
S224415 H039167 Sixth Appellate District PRASAD (ABHIJIT) v.
SESSIONS (GINA)
Publication request denied (case closed)
S224419 B254124 Second Appellate District, Div. 7 IN RE MICHAEL C.
Publication request denied (case closed)
S224634 A137411/A138596/A138691
First Appellate District, Div. 4 OSTLY (THOMAS) v.
OMURA (ANNE TAMIKO)
Publication request denied (case closed)
S224722 B255155 Second Appellate District, Div. 7 IN RE G.J.
Publication requests denied (case closed)
S224909 U.S. BANK v. AZAM (NAZIE)
Publication request denied (case closed)
S224645 D066212 Fourth Appellate District, Div. 1 PEOPLE v. JIMENEZ
(CLAUDIO ROLANDO)
The time for granting or denying review in the above-entitled matter is hereby extended to
May 26, 2015.
S091915 PEOPLE v. NUNEZ (DANIEL)
& SATELE (WILLIAM)
Counsel appointment order filed
Upon request of condemned inmate Daniel Nunez for appointment of counsel, John N. Aquilina is
hereby appointed to represent Daniel Nunez for habeas corpus/executive clemency proceedings
related to the above automatic appeal now final in this court.
Any “petition for writ of habeas corpus will be presumed to be filed without substantial delay if it
is filed . . . within 36 months” of this date (Supreme Ct. Policies Regarding Cases Arising From
Judgments of Death, policy 3, timeliness std. 1-1.1), and it will be presumed that any successive
petition filed within that period is justified or excused (see In re Clark (1993) 5 Cal.4th 750,
774-782), in light of this court’s delay in appointing habeas corpus/executive clemency counsel on
behalf of condemned inmate Daniel Nunez.
SAN FRANCISCO APRIL 15, 2015 613
S200982 PEOPLE v. RONQUILLO
(GABRIEL ALEXANDER)
Counsel appointment order filed
Upon request of appellant for appointment of counsel, Conrad Petermann is hereby appointed to
represent appellant Gabriel Alexander Ronquillo for both the direct appeal and related state
habeas corpus/executive clemency proceedings in the above automatic appeal now pending in this
court.
S029551 PEOPLE v. JOHNSON (JOE
EDWARD)
Motion for access to sealed record granted
Respondent’s “Motion for Access to Sealed Penal Code Section 987.9 Materials Filed in Case
Number S029551 for use in the Pending State Habeas Proceeding,” filed on March 9, 2015, is
granted. The Clerk is directed to provide respondent copies of: the “Clerk’s Augmented Sealed
987 Transcript on Appeal,” Volume 7, pages 1376-1416, 1455-1457, 1459, 1464; Volume 8,
pages 1801-1825, 1838-1849; and the “Clerk’s Transcript of Sealed Documents,” pages 1-9.
Except as provided herein, these documents remain under seal and their use must be limited solely
to the pending proceedings. (Pen. Code § 987.9, subd. (d).)
S076339 PEOPLE v. GRIMES (GARY
LEE)
Order filed
Rehearing was granted in this matter on March 11, 2015, and the court is presently preparing to
hear reargument. Either party may submit supplemental briefing in reliance upon new authorities
or issues which arose subsequent to the completed briefing in this case, to be filed on or before
June 15, 2015. The reply to each of those briefs, if any, is to be filed within 20 court days after
the initial supplemental brief is filed under this or any subsequent order of this court.
S141320 ROBINSON, JR., (JAMES) ON
H.C.
Order filed
Petitioner’s “Motion for Discovery,” filed on March 13, 2015, is held in abeyance pending the
filing of petitioner’s traverse and further order of this court.
SAN FRANCISCO APRIL 15, 2015 614
S162212 ERVINE (DENNIS NEWTON)
ON H.C.
Motion denied
Petitioner’s “Application to File Additional Allegations and Exhibits,” filed on January 29, 2015,
is denied without prejudice to petitioner’s filing the supplemental allegations and exhibits as a
new petition for writ of habeas corpus.
S224753 ACCUSATION OF DILBERT
Petition denied (accusation)
S224798 ACCUSATION OF SIMMONS
Petition denied (accusation)
S224875 ACCUSATION OF
BERNSTERN
Petition denied (accusation)
Cuéllar, J., was recused and did not participate.
S222936 LAZO ON DISCIPLINE
Petition for writ of review denied; recommended discipline imposed
The petition for review is denied.
The court orders that MARC YOUSSEF LAZO, State Bar Number 215998, is suspended from the
practice of law in California for two years, execution of that period of suspension is stayed, and he
is placed on probation for two years subject to the following conditions:
1. MARC YOUSSEF LAZO is suspended from the practice of law for the first 90 days of
probation;
2. MARC YOUSSEF LAZO must comply with the other conditions of probation recommended
by the Review Department of the State Bar Court in its opinion filed on September 4, 2014;
and
3. At the expiration of the period of probation, if MARC YOUSSEF LAZO has complied with
all conditions of probation, the two-year period of stayed suspension will be satisfied and
that suspension will be terminated.
MARC YOUSSEF LAZO must take and pass the Multistate Professional Responsibility
Examination during the period of his suspension 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).)
SAN FRANCISCO APRIL 15, 2015 615
MARC YOUSSEF LAZO 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.