supreme court minutes for wednesday, august 11, 2021

1127

SUPREME COURT MINUTES

WEDNESDAY, AUGUST 11, 2021

SAN FRANCISCO, CALIFORNIA

S269107 E074161 Fourth Appellate District, Div. 2 PEOPLE v. LARA (DAVID

DeLEON)

Petition for review granted; briefing deferred

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

and disposition of related issues in People v. Tirado, S257658 (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., Corrigan, Liu, Cuéllar, Kruger, Groban, and Jenkins, JJ.

S269127 B305961 Second Appellate District, Div. 1 PEOPLE v. WILSON

(TIMOTHY LEONARDO)



and disposition of a related issue in People v. Arnold, S269172 (see Cal. Rules of Court, rule




S269232 E074088 Fourth Appellate District, Div. 2 PEOPLE v. ARENAS (CESAR

SAUL)


The petitions for review are granted. Further action in this matter is deferred pending

consideration and disposition of related issues in People v. Lopez, S258175 (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.


SAN FRANCISCO AUGUST 11, 2021 1128

S269376 B302559 Second Appellate District, Div. 3 PEOPLE v. MAYS (MARIEL)



and disposition of a related issue in People v. Renteria, S266854 (see Cal. Rules of Court, rule




S269540 B307038 Second Appellate District, Div. 8 PEOPLE v. PURCELL

(RANDY)



and disposition of a related issues in People v. Strong, S266606 (see Cal. Rules of Court, rule




S269543 B308169 Second Appellate District, Div. 8 PEOPLE v. RAEL (LOUIS

ALAN)



and disposition of related issues in People v. Delgadillo, S266305 (see Cal. Rules of Court, rule




S269555 E074941 Fourth Appellate District, Div. 2 PEOPLE v. CLARK

(DONYETTE YVONNE)


The motion for judicial notice is denied.


and disposition of related issues in People v. Lopez, S258175 (see Cal. Rules of Court, rule





S269645 E074818 Fourth Appellate District, Div. 2 PEOPLE v. DUNSON (JACKIE

LYNN)







S269662 H047467 Sixth Appellate District PEOPLE v. THOMAS, JR.,

(SHANE LAMONT)



and disposition of related issues in People v. Hernandez, S265739 (see Cal. Rules of Court, rule




S269676 E074933 Fourth Appellate District, Div. 2 PEOPLE v. MATHIS III

(WILLIAM HENRY)







S269678 B301727 Second Appellate District, Div. 5 PEOPLE v. BRAGGS

(BOBBY)



and disposition of a related issue in People v. Renteria, S266854 (see Cal. Rules of Court, rule





S269680 F080629 Fifth Appellate District PEOPLE v. BARRERA

(MATTHEW JOSEPH)



and disposition of related issues in People v. Hernandez, S265739 (see Cal. Rules of Court, rule




S269706 F080738 Fifth Appellate District PEOPLE v. SAMS, JR.,

(VANCE EUGENE)



and disposition of a related issue in People v. Tirado, S257658 (see Cal. Rules of Court, rule




S269726 B306876 Second Appellate District, Div. 8 PEOPLE v. ABDUL-MALIK

(ZIMBABWE)



and disposition of a related issue in People v. Duke, S265309 (see Cal. Rules of Court, rule




S269758 B307965 Second Appellate District, Div. 8 PEOPLE v. WALLACE

(KEVIN DEMPSEY)



and disposition of related issues in People v. Lopez, S258175 (see Cal. Rules of Court, rule





S266965 SMITH (KALEAH) ON H.C.

Order to show cause issued; returnable in Court of Appeal, Second Appellate District, Division

Seven

The request for judicial notice is granted.

The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause,

returnable before the Court of Appeal, Second Appellate District, Division Seven, why petitioner

is not entitled to relief based on her claim that trial counsel rendered ineffective assistance during

plea negotiations either by failing to advise her or by misadvising her as to her parole eligibility

under Penal Code section 3051, subdivision (b)(3). The return must be served and filed on or

before September 10, 2021.


S269283 F082798 Fifth Appellate District CAMACHO (CIRO) v. S.C.

(PEOPLE)

Petition for review granted; transferred to Court of Appeal, Fifth 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, Fifth

Appellate District, with directions to vacate its order denying the petition for a writ of

mandate/prohibition and to issue an order directing the respondent superior court to show cause

why the relief sought in the petition should not be granted.

The stay previously issued by this court is to remain in effect pending further order of the Court of

Appeal.


S262972 B299376 Second Appellate District, Div. 1 PEOPLE v. SHELTON

(RANDALL ALEXANDER)

Transferred to Court of Appeal, Second Appellate District, Division One, after hold

The above-entitled matter is transferred to the Court of Appeal, Second Appellate District,

Division One, with directions to vacate its decision and to reconsider the cause in light of People

v. Esquivel (2021) 11 Cal.5th 671. (Cal. Rules of Court, rule 8.528(d).)



S263602 D074159 Fourth Appellate District, Div. 1 PEOPLE v. MILAZO (MARK)

Transferred to Court of Appeal, Fourth Appellate District, Division One, after hold

The above-entitled matter is transferred to the Court of Appeal, Fourth Appellate District,

Division One, with directions to vacate its decision and to reconsider the cause in light of People



S263904 E073611 Fourth Appellate District, Div. 2 PEOPLE v. DUBARR

(CHRISTEN R.)

Transferred to Court of Appeal, Fourth Appellate District, Division Two, after hold

The above-entitled matter is transferred to the Court of Appeal, Fourth Appellate District,

Division Two, with directions to vacate its decision and to reconsider the cause in light of People



S264131 F075916 Fifth Appellate District PEOPLE v. DONALDSON

(BRIAN LEE)

Transferred to Court of Appeal, Fifth Appellate District, after hold

The above-entitled matter is transferred to the Court of Appeal, Fifth Appellate District, with

directions to vacate its decision and to reconsider the cause in light of People v. Esquivel (2021)

11 Cal.5th 671. (Cal. Rules of Court, rule 8.528(d).)


S264638 H045787 Sixth Appellate District PEOPLE v. CONTRERAZ

(ALBERTO SALVADOR)

Dismissed and remanded to Court of Appeal, Sixth Appellate District

Review in the above-entitled matter, which was granted and held for People v. Esquivel (2021) 11

Cal.5th 671, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)



S264721 A154326 First Appellate District, Div. 3 PEOPLE v. CONATSER

(CHRISTOPHER HAYES)

Dismissed and remanded to Court of Appeal, First Appellate District, Division Three



Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Cuéllar, Kruger, Groban and Jenkins, JJ.

S264848 B303086 Second Appellate District, Div. 6 PEOPLE v. MARTINEZ

(BALTAZAR DIAZ)

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




S265198 F076566 Fifth Appellate District PEOPLE v. GEZZER

(ROBERT STEVEN)

Transferred to Court of Appeal, Fifth Appellate District, after hold

The above-entitled matter is transferred to the Court of Appeal, Fifth Appellate District, with

directions to vacate its decision and to reconsider the cause in light of People v. Esquivel (2021)

11 Cal.5th 671. (Cal. Rules of Court, rule 8.528(d).)


S265602 B287131 Second Appellate District, Div. 5 PEOPLE v. GLAVISH

(MICHAEL)

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




S266016 H046618 Sixth Appellate District PEOPLE v. LOPEZ

(GUSTAVO)

Dismissed and remanded to Court of Appeal, Sixth Appellate District





S268612 WILLIAMS (CHARLES) v.

S.C. (PEOPLE)

Petition for writ of mandate/prohibition denied

S268767 F080530 Fifth Appellate District LIPSEY, JR.,

(CHRISTOPHER) v.

PHILLIPS (K.)

Petition for review denied

S268849 MARTIN (STEVEN A.) v. S.C.

(PEOPLE)

Petition for writ of mandate/prohibition denied

S268888 B302080 Second Appellate District, Div. 6 PEOPLE v. FERRO

(BRANDON NICHOLAS)


S268940 B302365 Second Appellate District, Div. 8 TRUCK INSURANCE

EXCHANGE v. FEDERAL

INSURANCE COMPANY

Petition for review denied; CA opinion decertified

The petition for review is denied.

The request for an order directing depublication of the opinion is granted. The Reporter of

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

entitled appeal filed April 7, 2021, which appears at 63 Cal.App.5th 211. (Cal. Const., art. VI,

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

S268954 D078897 Fourth Appellate District, Div. 1 DAILEY (JAMES EDWARD)

ON H.C.


S269039 B299469 Second Appellate District, Div. 5 CITIZENS OF HUMANITY,

LLC v. RAMIREZ (OSCAR)



S269054 G059216 Fourth Appellate District, Div. 3 SPEIER (STEVEN M.) v. THE

ADVANTAGE FUND, LLC


S269056 B299457 Second Appellate District, Div. 2 PEOPLE v. MIXON

(RICARDO)

Petitions for review denied

Liu and Cuéllar, JJ., are of the opinion the petition should be granted.

S269058 B304346 Second Appellate District, Div. 7 KHOSRAVAN (MALEKEH) v.

EXXON MOBIL

CORPORATION


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

S269068 C083524 Third Appellate District KERSTEN (TIMOTHY A.) v.

DENTAL BOARD OF

CALIFORNIA


S269090 D077181 Fourth Appellate District, Div. 1 GOMEZ (GUIVINI) v.

REGENTS OF THE

UNIVERSITY OF

CALIFORNIA

The request for judicial notice is granted as to the letter from the Division of Labor Standards

Enforcement (DLSE) dated April 25, 2001, only.


Liu and Jenkins, JJ., are of the opinion the petition should be granted.

Groban, J., was recused and did not participate.

S269092 A158723 First Appellate District, Div. 1 STOP SYAR EXPANSION v.

COUNTY OF NAPA (SYAR

INDUSTRIES, INC.)

Petition for review & depublication request(s) denied

S269141 B303775 Second Appellate District, Div. 6 IN RE A.L.



S269155 A161716 First Appellate District, Div. 3 TRADER JOE’S COMPANY v.

ALCOHOLIC BEVERAGE

CONTROL APPEALS BOARD

(DEPARTMENT OF

ALCOHOLIC BEVERAGE

CONTROL)


S269158 B305561 Second Appellate District, Div. 1 DETAMORE (JASON A.) v.

JAIN (SURESH)


S269190 BOTACH (LAURENE &

JONATHAN S.), MARRIAGE

OF


S269214 B305546 Second Appellate District, Div. 8 ROSALES (DAMARIS) v.

UBER TECHNOLOGIES, INC.


S269229 C090304 Third Appellate District DOW (JAY) v. HONEY LAKE

VALLEY RESOURCE

CONSERVATION DISTRICT


S269244 G060266 Fourth Appellate District, Div. 3 THOMAS (DENISE) v. S.C.

(BURNEY)


S269258 PEOPLE v. WRIGHT

(MICHAEL W.)

The petition for review is denied. Voluntary manslaughter is a serious felony as a matter of law

(Pen. Code, § 1192.7, subd. (c)(1) ), and the imposition of a gang enhancement under Penal Code

section 186.22, subdivision (b)(1)(B), in this case was independent of the use of a firearm in

committing the offense and the imposition of an enhancement for personal use of a firearm.

Defendant’s sentence was not unauthorized, and the denial of his motion to modify his sentence

was not an appealable order.


S269262 G060221 Fourth Appellate District, Div. 3 THOMAS (DENISE) v. S.C.

(BURNEY)


S269277 B300528 Second Appellate District, Div. 6 KRACKE (THEODORE P.) v.

CITY OF SANTA BARBARA


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

Corrigan and Groban, JJ., are of the opinion the petition should be granted.

S269287 C083364 Third Appellate District PEOPLE v. LEE (LESHONE)


S269296 E076943 Fourth Appellate District, Div. 2 HUNT (JANEK) v. S.C.

(PEOPLE)


S269298 D079028 Fourth Appellate District, Div. 1 L. (L). v. S.C. (S.P.)


S269306 A160524 First Appellate District, Div. 2 PEOPLE v. HERNANDEZ

(JOSE ALFREDO)


S269315 D075178 Fourth Appellate District, Div. 1 LINETT (BARBARA &

DANA), MARRIAGE OF


S269324 A158544/A159341 First Appellate District, Div. 5 ANOTHER PLANET

ENTERTAINMENT LLC v.

ROBERT M. PICCININI

TRUST

Petitioner’s request to file the unredacted petition for review under seal is granted. (Cal. Rules of

Court, rules 2.550(d), 8.46(d).) In ordering the sealing, this court makes the findings required by

California Rules of Court, rules 2.550(d) and 8.46(d)(6). The clerk of this court is directed to file

the unredacted petition for review under seal.



S269340 B296769 Second Appellate District, Div. 8 LOBENSTEIN (DREW) v.

KHODAYARI (MOHAMMAD)


S269346 C093006 Third Appellate District NEWSOM (GAVIN) v. S.C.

(GALLAGHER)

Petition for review & depublication request(s) denied

S269348 B310846 Second Appellate District, Div. 1 CALIFORNIA

PHARMACEUTICALS, LLC

v. S.C. (PEOPLE)


S269350 E074435 Fourth Appellate District, Div. 2 PEOPLE v. NIETO (JOHN)


S269382 B302431 Second Appellate District, Div. 4 PEOPLE v. YOUNG

(CHEVELLE R.)

The petition for review is denied without prejudice to any relief to which defendant might be

entitled after this court decides People v. Kopp, S257844.

S269404 F079014 Fifth Appellate District PEOPLE v. ONEAL (WILLIE

DONTE)


S269407 D079079 Fourth Appellate District, Div. 1 HOLTZ (BENJAMIN) v. S.C.

(HOLTZ)


S269417 A162757 First Appellate District, Div. 4 BOSWELL (JAMES) v. S.C.

(PEOPLE)

Petition for review & application for stay denied


S269438 B303353 Second Appellate District, Div. 5 GOMEZ (ROBERTO) v.

JOHNNY REBS’ OF

BELLFLOWER, INC.


S269441 C084183/C084401 Third Appellate District PEOPLE v. CAYLOR

(JEFFREY MICHAEL)


S269455 A159185 First Appellate District, Div. 1 EPSTEIN (LEWIS) v.

PRESCOTT

NEIGHBORHOOD

PARTNERS, LLC


S269457 D077383 Fourth Appellate District, Div. 1 PEOPLE v. DANIELS

(DAMON DESHELL)


S269462 B301539 Second Appellate District, Div. 2 PEOPLE v. RAMIREZ

(BENJAMIN CHRISTINO)


S269469 A158747 First Appellate District, Div. 5 PEOPLE v. ROTKIN

(ALEKSANDR)


S269486 F080691 Fifth Appellate District PEOPLE v. BEGAY (AARON)


S269492 F079760 Fifth Appellate District PEOPLE v. VALENTON-

TRINIDAD (JOSE

GUADALUPE)



S269494 ABELYAN (ARMEN) v.

GERAGOS (MARK);

TIOMKIN (ELLIOT)


S269495 C089235 Third Appellate District PEOPLE v. MARTIN (JOEL

DOUGLAS)


S269504 B302850/B304294 Second Appellate District, Div. 1 PEOPLE v. STEELE (CLEO)


S269505 F078773 Fifth Appellate District PEOPLE v. FLORES

(MATTHEW ERNEST)


S269507 B306138 Second Appellate District, Div. 4 PEOPLE v. WILLIAMS

(DONTAE RAY)


S269510 H046820 Sixth Appellate District PEOPLE v. JONES (ANDREW

LEE)


S269511 C090220 Third Appellate District PEOPLE v. MOORE

(JEMONDRE DIONTE)


S269513 C085621 Third Appellate District PEOPLE v. LEWIS (JOEL

LADON)


S269518 A159284 First Appellate District, Div. 3 PEOPLE v. WATSON

(DONALD ALEXANDER)



S269525 C084682 Third Appellate District HAMMER LANE R.V. &

MINI-STORAGE, LP v.

SCOFIELD (SHARON)

Petition for review & publication request(s) denied

S269529 B284258 Second Appellate District, Div. 4 GILBERT (BRUCE) v.

SNIBBE (JASON)


S269535 D078197 Fourth Appellate District, Div. 1 PEOPLE v. DOWNEY (NEIL

EDWARD)


S269536 D077016 Fourth Appellate District, Div. 1 PEOPLE v. FORD (KEVIN

THOMAS)


S269537 B304717 Second Appellate District, Div. 7 PEOPLE v. SETTLE

(RICHARD ALLEN)


S269539 H047779 Sixth Appellate District PEOPLE v. SOUZA (DENNIS

DALE)


S269542 B301399 Second Appellate District, Div. 5 PEOPLE v. ALTAMIREZ

(BRIAN JESSE)


S269544 B303963 Second Appellate District, Div. 3 PEOPLE v. ABDULLAH

(BILAL BIN)


S269545 B300662 Second Appellate District, Div. 2 PEOPLE v. BEESON

(ANTHONY)



S269548 H046662 Sixth Appellate District PEOPLE v. MEJIA (NOE)


S269550 B301133 Second Appellate District, Div. 1 PEOPLE v. GUIDRY (JOHN

E.)


S269551 B302264 Second Appellate District, Div. 2 PEOPLE v. GUTIERREZ

(ULISES JOSE)


S269554 F080741 Fifth Appellate District PEOPLE v. MITCHELL

(LUCAS PETE)


S269557 B302875 Second Appellate District, Div. 2 PEOPLE v. HERNANDEZ

(JESUS ANTONIO)


S269559 B307775 Second Appellate District, Div. 2 BEESON (ANTHONY) ON

H.C.


S269560 G060283 Fourth Appellate District, Div. 3 GIBSON II (ALWYN) ON H.C.

The petition for review is denied without prejudice to filing a motion for discovery in the superior

court. (See Pen. Code, § 1054.9.)

S269562 F082623 Fifth Appellate District SUAREZ (MICHAEL

CHRISTOPHER) ON H.C.


S269567 D077525 Fourth Appellate District, Div. 1 PEOPLE v. MYERS (NOEL

SEAN)



S269568 B305614 Second Appellate District, Div. 4 PEOPLE v. CARLOS

(ALEXANDER)


S269569 F080746 Fifth Appellate District PEOPLE v. MITCHELL

(LUCAS PETE)


S269572 E071594 Fourth Appellate District, Div. 2 PEOPLE v. GRIMES

(MICHAEL)


S269576 B304504 Second Appellate District, Div. 1 PEOPLE v. OCHOAGOMEZ

(JULIO)


S269577 A159153 First Appellate District, Div. 1 PEOPLE v. THOMAS

(RODERICK)


S269578 B299609 Second Appellate District, Div. 1 PEOPLE v. GARNER

(DEAURELL)


S269581 B307813 Second Appellate District, Div. 6 PEOPLE v. ACUNA

(EDWARD DOMINIK

ALEXIS)


S269582 B302627 Second Appellate District, Div. 7 PHIPPS (WILLIAM) v.

COPELAND CORPORATION

LLC



S269583 D076965 Fourth Appellate District, Div. 1 RICHMAN (DOUGLAS D.) v.

REGENTS OF THE

UNIVERSITY OF

CALIFORNIA


Groban, J., was recused and did not participate.

S269584 E073626 Fourth Appellate District, Div. 2 PEOPLE v. TRIM (PAUL

MICHAEL)


S269585 E074826 Fourth Appellate District, Div. 2 PEOPLE v. HAGELBARGER

(DOREN GARY)


S269587 H045376 Sixth Appellate District PEOPLE v. REEVES

(THOMAS)


S269588 B307801 Second Appellate District, Div. 4 CARLOS (ALEXANDER) ON

H.C.


S269589 B303432 Second Appellate District, Div. 6 PEOPLE v. GLASS

(CORNELL CAREY)


S269595 F077581 Fifth Appellate District PEOPLE v. VANG (THONG)


S269598 H046895 Sixth Appellate District PEOPLE v. RAMOS (JOSE

LUIS)


S269601 B303306 Second Appellate District, Div. 1 PEOPLE v. KWON (NIKKI)



S269603 D076466 Fourth Appellate District, Div. 1 PEOPLE v. JACKSON (NOAH

MITCHELL)


S269604 C089252 Third Appellate District PEOPLE v. BROWN

(MARKEES)


S269605 F080040 Fifth Appellate District TILLEY (BONNIE) v.

MORENO (OMAR)


S269606 B306101 Second Appellate District, Div. 8 PEOPLE v.

ROMEROAREVALO (JOSE)


S269610 H044902 Sixth Appellate District NGUYEN (ANH DAO) & VAN

(MIKE), MARRIAGE OF


S269618 H045686 Sixth Appellate District PEOPLE v. ARMAS

(GREGORY DANE)


S269623 G060311 Fourth Appellate District, Div. 3 BERNAL (ALBERTO M.) ON

H.C.


S269624 A161768 First Appellate District, Div. 4 LUND (ERIC CURTIS) ON

H.C.


S269628 B301472 Second Appellate District, Div. 1 PEOPLE v. BURLESON

(THOMAS)

The petition for review is denied without prejudice to any relief to which defendant might be

entitled after this court decides People v. Kopp, S257844.


S269636 F079083 Fifth Appellate District PEOPLE v. PONCE, SR.,

(TOMMY)


S269650 F077967 Fifth Appellate District PEOPLE v. VARGAS

(MIGUEL ANGEL)


S269651 A156044 First Appellate District, Div. 2 PEOPLE v. TOUSANT

(JAMELL)


S269655 F082766 Fifth Appellate District ANTELOPE VALLEY

GROUNDWATER CASES


S269658 D078996 Fourth Appellate District, Div. 1 MUNCY (LEONARD

MITCHELL) ON H.C.

The petition for review is denied without prejudice to any relief to which petitioner might be

entitled after this court decides In re Mohammad, S259999.

S269661 E073446 Fourth Appellate District, Div. 2 PEOPLE v. GUZMAN-

VALDEZ (JUAN ANTONIO)


S269664 E074605 Fourth Appellate District, Div. 2 PEOPLE v. BARERRAS, JR.,

(JORGE)


S269668 F079790 Fifth Appellate District PEOPLE v. LEYVA

(ADOLFO)


S269674 C089639 Third Appellate District PEOPLE v. STURGELL

(MICHAEL KENT)



S269677 F078964 Fifth Appellate District PEOPLE v. VALENCIA

(DAVID J.)


S269679 F080918 Fifth Appellate District PEOPLE v. RAMOS (ROBERT

RAMIREZ)


S269681 F081353 Fifth Appellate District PEOPLE v. SENSABAUGH

(STEVEN DAMIEN)


S269684 E073793 Fourth Appellate District, Div. 2 PEOPLE v. FRANCO (RICKY

CAMPOS)


S269687 A159486 First Appellate District, Div. 2 PEOPLE v. SPIKES

(DEMOND ANTHONY)


S269694 B312809 Second Appellate District, Div. 7 WARREN PUMPS, LLC v. S.C.

(ANTONIOU)


S269696 B303116 Second Appellate District, Div. 8 PEOPLE v. YU (LEI)


S269697 D077512 Fourth Appellate District, Div. 1 PEOPLE v. RILEY (LESTER

KENJI)


S269712 B296287 Second Appellate District, Div. 8 AGHAIAN (SEDA

GALSTIAN) v. MINASSIAN

(SHAHEN)



S269713 B300422 Second Appellate District, Div. 3 PEOPLE v. GONZALEZ

(JONATHAN JOSUE)


S269715 B311791 Second Appellate District, Div. 2 PEOPLE v. SCOTT

(DEMISHA)


S269716 H048532 Sixth Appellate District SCHUMB (CHRISTOPHER) v.

S.C. (PEOPLE)


S269718 A161124 First Appellate District, Div. 5 PEOPLE v. BAILEY (LEE

JAMES)


S269719 H047487 Sixth Appellate District PEOPLE v. MONTOYA

(EVERARDO)


S269720 C091418 Third Appellate District PEOPLE v. BARAJAS (JOSE

TITO)


S269724 B307484 Second Appellate District, Div. 2 PENG (BO) v. F.M. TARBELL

CO.


S269727 B298388 Second Appellate District, Div. 1 PEOPLE v. CASILLAS

(ERNESTO)


S269729 PEOPLE v. BAINES

(CHARLES E.)



S269752 G058655 Fourth Appellate District, Div. 3 PEOPLE v. THOMPSON

(GARY ALBERT)


S269755 A158359 First Appellate District, Div. 2 PEOPLE v. PERLOV (IGOR)


S269757 E074909 Fourth Appellate District, Div. 2 PEOPLE v. ROLLER

(CHRISTOPHER LANCE)


S269819 E073452 Fourth Appellate District, Div. 2 PEOPLE v. VARGAS

(RAMON ANTONIO

BEJARNO)


S269983 B311947 Second Appellate District, Div. 4 BORCHARDT (JOSEPHINE)

v. S.C. (ARDALAN)


S270151 OAK (EUGENE) v. BBC VAN

NESS, LLC


S270223 B313821 Second Appellate District, Div. 7 FINK (DAVID) v. S.C.

(PEOPLE)


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

S270249 B311954 Second Appellate District, Div. 2 HILTON (COURTNEY) v.

CALIFORNIA TEACHER

RETIREMENT CALSTRS


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


S258568 MARTIN (LORENZO) ON

H.C.

Petition for writ of habeas corpus denied

S259319 NEAL (JULIUS) ON H.C.


S259503 OLIVER (DARIUS DEJUAN)

ON H.C.


S263339 SIMPSON (QUINTELLE

DERREL) 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].)

S266487 POTTS (KEVIN LYNN) ON

H.C.


S268305 GUZMAN (ANTONIN) ON

H.C.


S268359 GEORGE (RICHARD EARL)

ON H.C.



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].)


S268378 DUNSMORE (DARRYL) 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].)

S268515 BORHAN (PAYMAN) ON H.C.


S268769 BROWN (KENYON

DARRELL) ON H.C.


S268773 BROUSSARD, JR., (CURLEY

JOHN) ON H.C.







S268808 DIXIE (JAMES LEWIS) ON

H.C.


S268822 RAMIREZ (ARTHUR

NESTOR) ON H.C.


S268850 NELSON (OMAIMA) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Miller (1941) 17 Cal.2d 734, 735

[courts will not entertain habeas corpus claims that are repetitive].)


S268875 TURNER (GREGORY P.) ON

H.C.


[courts will not entertain habeas corpus claims that are untimely].)

S268876 PEREZ (LINO ISAIAS

DAVALOS) 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 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]; In re Miller (1941) 17 Cal.2d 734, 735 [courts will

not entertain habeas corpus claims that are repetitive].)

S268897 RHEY (CHOON) ON H.C.


S268898 PHILLIPS (ERIC) ON H.C.


S268899 HOOKER, SR., (MAURICE

WILLIAM) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921, 925-926

[a habeas corpus petitioner must exhaust available administrative remedies].)

S268902 HOWARD (CLARENCE E.)

ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive].)

S268920 MARTIN (O.Z.) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921, 925-926

[a habeas corpus petitioner must exhaust available administrative remedies].)


S268931 CATCHINGS (DENNIS DALE)

ON H.C.


S268933 SANCHEZ (ANGEL DeJESUS)

ON H.C.


[courts will not entertain habeas corpus claims that are untimely].)

S268935 PORTER (BRIAN ELLIS) ON

H.C.


S268972 DIAZ-SANCHEZ

(GILBERTO) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Miller (1941) 17 Cal.2d 734, 735

[courts will not entertain habeas corpus claims that are repetitive].)

S268981 WINSTON (MYOHO) ON H.C.


S268990 SECREASE (SHANNON) ON

H.C.


S269001 McCRIGHT (COLVIN) ON

H.C.


S269002 MARSHALL (ROY T.) ON

H.C.

The petition for writ of habeas corpus is denied as moot in light of the Board of Parole Hearings’

decision to grant petitioner parole on May 27, 2021. The denial is without prejudice to any relief

to which petitioner may be entitled if the Governor reverses the grant of parole.


S269022 KARRIEM (RAHEEM) ON

H.C.

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

S269024 BARBA (VICTOR HUGO) ON

H.C.


S269025 CATES (MARK JOSEPH) ON

H.C.


[courts will not entertain habeas corpus claims that are untimely]; 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].)

S269027 HOSKINS (RUDOLPH) ON

H.C.







S269045 TURCIOS (ROBERTO) 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].)


DAVALOS) ON H.C.


[courts will not entertain habeas corpus claims that are successive].)



DAVALOS) ON H.C.


[courts will not entertain habeas corpus claims that are successive]; In re Waltreus (1965) 62

Cal.2d 218, 225 [courts will not entertain habeas corpus claims that were rejected on appeal].)

S269419 SHAH (JAY) ON H.C.


S269485 STEVENS (DEAN MICHAEL)

ON H.C.


S269908 BROWN (KENYON

DARRELL) ON H.C.


S269949 VALDEZ, JR., (TITO DAVID)

ON H.C.

The petition for writ of habeas corpus and request for stay are denied.

S269268 B300778 Second Appellate District, Div. 2 SALAZAR (DEBBIE) v. SEE’S

CANDY SHOPS, INC.

Depublication ordered (case closed)

The requests for an order directing depublication of the opinion in the above-entitled appeal are

granted. The Reporter of Decisions is directed not to publish in the Official Appellate Reports the

opinion in the above-entitled appeal filed April 26, 2021, which appears at 64 Cal.App.5th 85.

(Cal. Const., art. VI, section 14; Cal. Rules of Court, rule 8.1125.) The court declines to review

this matter on its own motion. The matter is now final.

S268768 G059316 Fourth Appellate District, Div. 3 IN RE HENRY P.

Publication requests denied (case closed)


S268796 C087573 Third Appellate District RODRIGUEZ (IRMA) v.

SACRAMENTO MUNICIPAL

UTILITY DISTRICT

Publication request denied (case closed)

S269050 B306356 Second Appellate District, Div. 4 IN RE ANTHONY V.


S269117 B305689 Second Appellate District, Div. 3 BRUNI (THEODORE) v. THE

EDWARD THOMAS

HOSPITALITY

CORPORATION

Depublication request denied (case closed)

The request for an order directing depublication of the opinion in the above-entitled appeal is

denied. The court declines to review this matter on its own motion. The matter is now final.

S269247 PEOPLE v. JOHNSON

(TYRRELL)


S269436 F081542 Fifth Appellate District YANG (GERRY) v.

WORKERS’

COMPENSATION APPEALS

BOARD & US COLD

STORAGE

The time for granting or denying review in the above-entitled matter is hereby extended to

September 21, 2021.

S269449 B301577 Second Appellate District, Div. 8 PEOPLE v. DEAVER (CORY

DESHAWN)


September 17, 2021.

S269451 F082596 Fifth Appellate District WILKINS (KEENAN) v. S.C.

(SMITH)


September 17, 2021.


S269456 G057831 Fourth Appellate District, Div. 3 GARCIA-BROWER (LILIA) v.

KOLLA’S INC.


September 17, 2021.

S269467 E073534 Fourth Appellate District, Div. 2 VALBUENA (GARY) v.

OCWEN LOAN SERVICING,

LLC


September 20, 2021.

S269471 F069302 Fifth Appellate District STAND UP FOR

CALIFORNIA! v. STATE OF

CALIFORNIA; NORTH FORK

RANCHERIA OF MONO

INDIANS


September 20, 2021.

S269472 B307439 Second Appellate District, Div. 7 WILLIAMS, JR., (WILBUR) v.

PETROSIAN (SEVANA)


September 20, 2021.

S269474 B304087 Second Appellate District, Div. 7 ABDOU (ATEF) & MALAK

(MARIAM ABDEL),

MARRIAGE OF


September 20, 2021.

S269478 B291315 Second Appellate District, Div. 4 HART (GUY) v. HART (DON)


September 21, 2021.


S215960 PEOPLE v. MENDOZA

(ANGEL)

Extension of time granted

Based upon counsel Catherine White’s representation that the appellant’s reply brief is anticipated

to be filed by August 15, 2022, an extension of time in which to serve and file that brief is granted

to October 15, 2021. After that date, only five further extensions totaling about 303 additional

days are contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S219382 PEOPLE v. THOMAS, JR.,

(HILBERT PINEIL)


Based upon counsel Jeanne Keevan-Lynch’s representation that the appellant’s reply brief is

anticipated to be filed by May 1, 2022, an extension of time in which to serve and file that brief is

granted to October 5, 2021. After that date, only four further extensions totaling about 208 days

are contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S239380 PEOPLE v. SANCHEZ

(GILBERT BERNARD)


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

extended to October 8, 2021.

S242076 PEOPLE v. CONTRERAS

(DAVID REY)


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

extended to October 8, 2021.


S265668 B298952 Second Appellate District, Div. 6 PEOPLE v. HENDRIX

(ISAIAH)


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

the reply brief on the merits is extended to September 10, 2021.

S266034 B293960 Second Appellate District, Div. 1 NIEDERMEIER (LISA) v. FCA

US LLC


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

the reply brief on the merits is extended to October 22, 2021.

No further extensions are contemplated.

S269212 B304217 Second Appellate District, Div. 8 CALIFORNIA MEDICAL

ASSOCIATION v. AETNA

HEALTH OF CALIFORNIA,

INC.


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

the opening brief on the merits is extended to September 27, 2021.

S269890 A159861 First Appellate District, Div. 2 HUTCHESON (ANDREW) v.

S.C. (UBS FINANCIAL

SERVICES, INC.)


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

the reply to answer to petition for review is extended to August 20, 2021.

S263180 B290675 Second Appellate District, Div. 8 BOERMEESTER

(MATTHEW) v. CARRY

(AINSLEY)

Order filed

The application for relief from default filed on August 9, 2021, by appellant, Matthew

Boermeester, and for permission to file an untimely consolidated response to amicus curiae briefs

is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)


S269105 H047230 Sixth Appellate District PEOPLE v. OLAYO (DAVID

ARMARO)

Order filed

The order striking the June 3, 2021, filing by the Office of the Santa Clara County District

Attorney, inviting the court to order review on the court’s own motion, is hereby vacated. The

court declines to review this matter on its own motion. The matter is now final.

S269067 ACCUSATION OF

YABLONSKY

Petition denied (accusation)

S269071 ACCUSATION OF GRASTY


S269074 ACCUSATION OF VOLK


S267834 LI ON DISCIPLINE

Petition for review denied; disbarred


The court orders that JAMES HSIAOSHENG LI (Respondent), State Bar Number 176662, is

disbarred from the practice of law in California and that Respondent’s name is stricken from the

roll of attorneys.

Respondent must comply with California Rules of Court, rule 9.20, and perform the acts specified

in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the

effective date of this order.

Costs are awarded to the State Bar in accordance with Business and Professions Code section

6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7

and as a money judgment, and may be collected by the State Bar through any means permitted by

law.

supreme court minutes for wednesday, august 11, 2021

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