Supreme Court minutes August 19, 2015 - courts.ca.gov

1327

SUPREME COURT MINUTES

WEDNESDAY, AUGUST 19, 2015

SAN FRANCISCO, CALIFORNIA

S227228 B259967 Second Appellate District, Div. 1 WILLIAMS (MICHAEL) v.

S.C. (MARSHALLS OF CA,

LLC)

Petition for review granted

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S227243 F068526/F068676 Fifth Appellate District GERAWAN FARMING, INC.

v. AGRICULTURAL LABOR

RELATIONS BOARD

(UNITED FARM WORKERS

OF AMERICA)

Petition for review granted; issues limited

The petitions for review are granted. The issues to be briefed and argued are limited to the issues

raised in the petitions for review.


S227270 F069419 Fifth Appellate District TRI-FANUCCHI FARMS v.

AGRICULTURAL LABOR

RELATIONS BOARD


OF AMERICA)

The petitions for review are granted.


S227473 G049691 Fourth Appellate District, Div. 3 BANNING RANCH

CONSERVANCY v. CITY OF

NEWPORT BEACH

(NEWPORT BANNING

RANCH, LLC)

Petition for review granted


SAN FRANCISCO AUGUST 19, 2015 1328

S226749 B256125 Second Appellate District, Div. 5 FRIENDS OF THE SANTA

CLARA RIVER v. COUNTY

OF LOS ANGELES

(NEWHALL LAND &

FARMING COMPANY)

Petition for review granted; briefing deferred

The petition for review is granted.

Further action in this matter is deferred pending consideration and disposition of a related issue in

Center for Biological Diversity v. California Department of Fish and Wildlife, S217763 (see Cal.

Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional

briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the

court.


S226812 C072642 Third Appellate District PEOPLE v. VEGA (JOSE

ANTONIO)


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

and disposition of related issues in People v. Prunty, S210234 and People v. Sanchez, S216681

(see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of

additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further

order of the court.


S227342 F066005 Fifth Appellate District PEOPLE v. CASTELLANO

(ADRIAN)



and disposition of the related issues in People v. Valencia, S223825, People v. Chaney, S223676,

and People v. Conley, S211275 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further

order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule

8.520, is deferred pending further order of the court.



S227856 C071682 Third Appellate District PEOPLE v. HIGHTOWER

(DEYJWONN)



and disposition of a related issue in People v. Fuentes, S219109 (see Cal. Rules of Court, rule

8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to

California Rules of Court, rule 8.520, is deferred pending further order of the court.


S226758 E063534 Fourth Appellate District, Div. 2 SIRINGORINGO (STEPHEN

LYSTER) v. S.C. (PEOPLE)

Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division

Two, with directions to issue an order to show cause

The petition for review is granted.

The matter is transferred to the Court of Appeal, Fourth Appellate District, Division Two, with

directions to vacate its order denying mandate/prohibition and to issue an order directing

respondent superior court to show cause why the relief sought in the petition should not be

granted.


S228171 A145726 First Appellate District, Div. 4 DE LA PENA & McDONALD

LLP v. S.C. (YEAGER)

Petition ordered withdrawn

Petitioner’s request, filed August 5, 2015, to withdraw the petition for review and request for a

stay is granted.

S162212 ERVINE (DENNIS NEWTON)

ON H.C.

Petition for writ of habeas corpus denied (AA)

The petition for writ of habeas corpus, filed October 3, 2008, is denied on its merits.

Claims 1, 4, and 7 are additionally procedurally barred under In re Waltreus (1965) 62 Cal.2d

218, 225, to the extent they assert claims raised and rejected on appeal.

Claims 4 and 7 are additionally procedurally barred under In re Dixon (1953) 41 Cal.2d 756, 759,

to the extent they assert claims that could have been, but were not, raised on appeal.

Additionally, the “Application for Ruling on Petition for Writ of Habeas Corpus,” filed on

January 29, 2015, is denied as moot.

S226673 B251435 Second Appellate District, Div. 8 PEOPLE v. TUBO (JON ERIC)

Petition for review denied


S226754 A136961 First Appellate District, Div. 5 PEOPLE v. SEKONA

(ETUATE)


S227038 B252881 Second Appellate District, Div. 7 PEOPLE v. GONZALEZ

(GABRIEL)

Petitions for review denied

S227041 B255702 Second Appellate District, Div. 2 PEOPLE v. LAZARO (FELIX

DEJESUS)


S227053 B253141 Second Appellate District, Div. 6 PEOPLE v. McNALLY

(TIMOTHY SEAN)


S227054 D064549 Fourth Appellate District, Div. 1 HIRST (KIMBERLI) v. CITY

OF OCEANSIDE

Petition for review & depublication request(s) denied

S227084 B256985 Second Appellate District, Div. 8 RODRIGUEZ (DULCE) v.

CHO (NAM MIN)


S227141 C072432 Third Appellate District PEOPLE v. AVILA

(ALEXANDER)


S227174 G049889 Fourth Appellate District, Div. 3 PEOPLE v. ZAMUDIO

(EDGAR SALVADOR LUCIO)


S227214 E059378 Fourth Appellate District, Div. 2 PEOPLE v. SOSA (JOSEPH)



S227216 A140735 First Appellate District, Div. 4 PEOPLE v. THOMAS

(GERALD CHARLES)


S227241 B251482 Second Appellate District, Div. 1 PEOPLE v. CLAY (ERIC

LAMONT)


S227250 F068406 Fifth Appellate District SAN JOAQUIN TOMATO

GROWERS INC. v.

AGRICULTURAL LABOR

RELATIONS BOARD


OF AMERICA)


S227251 C075250 Third Appellate District PEOPLE v. JONES

(JEREMIAH ALLEN)


S227282 A140953 First Appellate District, Div. 1 PEOPLE v. COOLEY

(FREDERICK MARCELES)


S227334 A135202 First Appellate District, Div. 4 PEOPLE v. HEARTSMAN

(MICHAEL A.)


S227335 B254824 Second Appellate District, Div. 4 PEOPLE v. MONTES (ERICK)


S227346 F067577 Fifth Appellate District PEOPLE v. SEE (CHALA

JESUS)



S227394 E062169 Fourth Appellate District, Div. 2 PEOPLE v. HAMILTON

(PAUL CHRISTOPHER)


S227408 B254677 Second Appellate District, Div. 5 PEOPLE v. ANDREWS

(MICHAEL)


S227442 F067023 Fifth Appellate District PEOPLE v. MENDOZA, SR.,

(MARK ANTHONY)


S227448 B254445 Second Appellate District, Div. 7 RUSTAM (MOHAMMED) v.

WELLS FARGO BANK, N.A.


S227491 E060057 Fourth Appellate District, Div. 2 CENTEX HOMES v. ST. PAUL

FIRE & MARINE

INSURANCE COMPANY


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

S227494 B254812 Second Appellate District, Div. 3 PEOPLE v. ARAUJO

(IGNACIO)


S227507 B257127 Second Appellate District, Div. 5 ROSAS (ISMAEL) v. BASF

CORPORATION

Petition for review & depublication request(s) denied

S227515 B263915 Second Appellate District, Div. 1 GRANADOS (JOSE) ON H.C.



S227530 A142003 First Appellate District, Div. 3 PEOPLE v. DOMINGUEZ

(FRANCISCO DANIEL)


S227576 B255401 Second Appellate District, Div. 4 PEOPLE v. LEWIS

(TERRELL)


S227600 H040232 Sixth Appellate District COMERICA BANK v. AMIDY

(ALI)


S227656 B253978 Second Appellate District, Div. 1 KUMARAPERU (SONDRA

WISE) v. FELDSTED (JOHN)


S227691 B257032 Second Appellate District, Div. 7 PEOPLE v. VALIENTE

(VLADIMIR OSVALDO)


S227733 B256012 Second Appellate District, Div. 5 PEOPLE v. BARNES (DALE)

Petitions for review denied

S227752 B257604 Second Appellate District, Div. 8 PEOPLE v. MAYBERRY

(JAMES EDWARD)


S227760 B254301 Second Appellate District, Div. 3 KVASSAY (PETER E.) v.

KVASSAY (ROBERT V.)


S227772 E061443 Fourth Appellate District, Div. 2 PEOPLE v. COUSIN (PAUL

EUGENE)



S227773 D065535 Fourth Appellate District, Div. 1 PEOPLE v. CORTEZ

(RONNIE OZUNA)


S227775 C073738 Third Appellate District PEOPLE v. WILLIAMSON

(VANESSA KAY)


S227779 D066700 Fourth Appellate District, Div. 1 PEOPLE v. VILLESCA

(BENITO)


S227784 G049883 Fourth Appellate District, Div. 3 PEOPLE v. VILLEDA (JUAN

CARLOS)


S227797 F071427 Fifth Appellate District WHITFIELD (MICHAEL) v.

CITY OF FRESNO


S227812 F069145 Fifth Appellate District HONCHARIW (NICHOLAS)

v. COUNTY OF STANISLAUS


S227816 C075334 Third Appellate District PEOPLE v. RAZAVI

(MICHAEL MASSI)


S227819 ROBINSON, SR., ON

ADMISSION

Petition for review denied – RAYMOND HOWARD ROBINSON, SR.

S227823 C075360 Third Appellate District PEOPLE v. AGUILLON

(MARIO)



S227827 D065440 Fourth Appellate District, Div. 1 PEOPLE v. GOODWIN

(EDWARD)


S227828 B254908 Second Appellate District, Div. 6 PEOPLE v. JONES (PAUL

EDWARD)


S227857 A140732 First Appellate District, Div. 1 PEOPLE v. SANCHEZ

(EFRAIN EDZAIL)


S227861 G049668 Fourth Appellate District, Div. 3 PEOPLE v. ALDAVE

(GABRIEL WILLIAMS)


S227877 C077092 Third Appellate District IN RE K.S.


S227889 C075836 Third Appellate District PEOPLE v. AMBRIZ (JUAN

JOSE)


S227963 B265002 Second Appellate District, Div. 6 GONZALEZ (JAIME

DEJESUS) v. S.C. (COUNTY

LINE HOLDINGS, LLC)


S228363 D068422 Fourth Appellate District, Div. 1 GUERRA (MARC) v. S.C.

(SAN DIEGO GAS &

ELECTRIC COMPANY)

Petition for review & application for stay denied


S226067 DIAZ (FRANK MUNOZ) ON

H.C.

Petition for writ of habeas corpus denied

S226070 PERRY (LAURENCE

BERNARD) ON H.C

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769.)

S226091 MARKS (MICHAEL) ON H.C.


S226442 GERRUE (WARREN) ON H.C.


S226456 BURTON (DEREK T.) ON

H.C.


S226457 AVILA (DONOVAN) ON H.C.


S226458 DiBLASIO (ANTHONY

CARL) ON H.C.


S226460 AVALOS (FRANCISCO) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769.)

S226684 BURTON (JERRY) ON H.C.



S226689 TAPIA (JOHN ROBERT) ON

H.C.


S226696 ADAMS (KASEEM) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)

S226698 ROXAS (ERNIE) ON H.C.


In re Clark (1993) 5 Cal.4th 750, 767-769; People v. Duvall (1995) 9 Cal.4th 464, 474; In re

Swain (1949) 34 Cal.2d 300, 304.)

S226707 BOLDEN (FREDRICK

RANNEL) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)

S226790 BUTLER (ANTHONY B.) ON

H.C.


In re Clark (1993) 5 Cal.4th 750, 767-769.)

S226794 CARTER (KEVIN WRIGHT)

ON H.C.


In re Dixon (1953) 41 Cal.2d 756, 759.)

S226805 ARIAGA (ANDREW

ANTHONY) ON H.C.


S226807 DIAZ (DARRYL) ON H.C.



S226833 VASQUEZ (JOSE

DOMINGUEZ) ON H.C.


In re Clark (1993) 5 Cal.4th 750, 767-769; In re Dixon (1953) 41 Cal.2d 756, 759.)

S226872 LAVALLEE (RICHARD

BRUCE) ON H.C.


S227286 COOLEY (FREDERICK M.)

ON H.C.


S227396 SCONIERS (ANTWOINE

LEAUNDRE) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;

In re Dexter (1979) 25 Cal.3d 921, 925-926.)

S227793 LABASAY (LAUREANO V.)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dixon (1953) 41 Cal.2d 756, 759.)

S227537 B252772 Second Appellate District, Div. 2 BAEZ (CESAR) v.

CALIFORNIA PUBLIC

EMPLOYEES’ RETIREMENT

SYSTEM

Depublication ordered (case closed)

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

in the above entitled appeal filed May 8, 2015, which appears at 236 Cal.App.4th 836. (Cal.

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

S226899 G048876 Fourth Appellate District, Div. 3 PEOPLE v. OSORIO (JESUS

FRANCISCO)

Depublication request denied (case closed)


S227461 B258884 Second Appellate District, Div. 1 IN RE IRIS V.

Publication request denied (case closed)

S227745 C074504 Third Appellate District NEVADA, COUNTY OF v. S.C.

(SIEGFRIED)

Depublication request denied (case closed)

S226596 D066705 Fourth Appellate District, Div. 1 MARTINEZ (HECTOR) ON

H.C

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

September 14, 2015. This order is entered nunc pro tunc as of August 7, 2015.

S227006 D067450 Fourth Appellate District, Div. 1 PEOPLE v. BRANCH

(DAQUAN RASHAD)


October 2, 2015.

S227168 B249254 Second Appellate District, Div. 6 LUSTER (ANDREW) ON H.C.


October 8, 2015.

S227244 E059223 Fourth Appellate District, Div. 2 PEOPLE v. HINES (WILLIE)


October 7, 2015.

S227379 B254651 Second Appellate District, Div. 5 PEOPLE v. RAMOS

(ARTHUR)


September 23, 2015.

S227427 C059021 Third Appellate District PEOPLE v. SCHWARZ (JOHN

BRUCE)


October 5, 2015.


S227439 D066462 Fourth Appellate District, Div. 1 DIAZ-BARBA (ALEJANDRO)

v. S.C. (HAHN)


September 25, 2015.

S227441 B258568 Second Appellate District, Div. 8 FRIEDMAN (LOIS) v.

SCHREIBER (EDWIN C.)


September 25, 2015.

S227444 B264758 Second Appellate District, Div. 1 COOK (PAUL) v. S.C.

(LOZANO)


September 25, 2015.

S227457 C068079/C068517Third Appellate District PEOPLE v. HERNANDEZ

(ARMONDO)


October 8, 2015.

S227484 B252606 Second Appellate District, Div. 1 NOLTE (JUSTIN) v. CEDARS

SINAI MEDICAL CENTER


September 28, 2015.

S227492 D064697 Fourth Appellate District, Div. 1 PAPROCK (BERNIE) v.

FIRST TRANSIT, INC.

(CLARKE)


September 25, 2015.

S227518 B256806 Second Appellate District, Div. 8 PEOPLE v. MIRANDA

(DAVID)


October 5, 2015.


S227551 B264645 Second Appellate District, Div. 4 ROMERO (YASKI RAMIREZ)

ON H.C.


September 30, 2015.

S227552 B259811 Second Appellate District, Div. 7 CARRILLO (PEDRO) ON H.C.


October 5, 2015.

S227562 B254039 Second Appellate District, Div. 5 PEOPLE v. GOMEZ

(CHRISTIAN)


October 2, 2015.

S227575 A140421 First Appellate District, Div. 5 PEOPLE v. DIETZ (RYAN

MITCHELL)


October 2, 2015.

S227585 B247795 Second Appellate District, Div. 4 PEOPLE v. FIGUEROA

(RODRIGO MELGAR)


October 2, 2015.

S227587 G051385 Fourth Appellate District, Div. 3 SCHRAM (ROBERT D.) ON

H.C.


October 2, 2015.

S227590 G049814 Fourth Appellate District, Div. 3 PEOPLE v. ETTIMA (JOSEPH

ELIJA)


October 2, 2015.


S227592 B250042 Second Appellate District, Div. 4 PEOPLE v. PONCE (CARLOS

ESPARZA)


October 2, 2015.

S227601 C077075 Third Appellate District PEOPLE v. METZGAR

(GARY DEAN)


October 2, 2015.

S227605 D065224 Fourth Appellate District, Div. 1 VECTOR RESOURCES, INC.

v. BAKER (CHRISTINE)


October 2, 2015.

S227611 H038879 Sixth Appellate District PEOPLE v. ROSAS (MANUEL

DE JESUS)


October 2, 2015.

S227616 B253694 Second Appellate District, Div. 2 VAUGHN (JACK) v.

DARWISH (BARBARA)


October 5, 2015.

S227639 H039439 Sixth Appellate District ISON (CARLA) v. GOOGLE,

INC.


October 2, 2015.

S227650 H042121 Sixth Appellate District VIGIL, JR., (WILLIE PAUL)

ON H.C.


October 2, 2015.


S227652 D064241 Fourth Appellate District, Div. 1 HARLEY-DAVIDSON, INC. v.

FRANCHISE TAX BOARD


October 5, 2015.

S227671 D063992 Fourth Appellate District, Div. 1 SAVE OUR HERITAGE

ORGANISATION v. CITY OF

SAN DIEGO (PLAZA DE

PANAMA COMMITTEE)


October 6, 2015.

S227681 C076343 Third Appellate District BRENTWOOD, CITY OF v.

CAMPBELL (ROBERT R.)/

(COHEN)


October 6, 2015.

S227683 B253003 Second Appellate District, Div. 8 PEOPLE v. TINGCUNGCO

(ERICSON)/(ALLEGHENY

CASUALTY COMPANY)


October 7, 2015.

S227730 B252996 Second Appellate District, Div. 1 PEOPLE v. VALENCIA (JUAN

DIEGO)


October 8, 2015.

S227769 PARKS (STEVEN DEAN) v.

GIVENS (S.)


October 8, 2015.


S110804 PEOPLE v. ACREMANT

(ROBERT JAMES)

Extension of time granted

Good cause appearing, and based upon Deputy Attorney General Justain P. Riley’s representation

that the respondent’s brief is anticipated to be filed by February 18, 2016, counsel’s request for an

extension of time in which to file that brief is granted to October 16, 2015. After that date, only

two further extensions totaling about 124 additional days are contemplated.

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

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

S117235 LEWIS, JR., (ROBERT) ON

H.C.


Good cause appearing, and based upon counsel Robert M. Sanger’s representation that the reply

to the response to supplemental brief on the merits is anticipated to be filed by September 18,

2015, counsel’s request for an extension of time in which to file that brief is granted to

September 18, 2015. After that date, no further extension is contemplated.

S132256 PEOPLE v. HELZER (GLEN

TAYLOR)


Good cause appearing, and based upon counsel Deputy Attorney General Sarah J. Farhat’s

representation that the respondent’s brief is anticipated to be filed by September 11, 2015,

counsel’s request for an extension of time in which to file that brief is granted to September 11,

2015. After that date, no further extension is contemplated.

S137307 PEOPLE v. MORALES

(JOHNNY)


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

appellant’s opening brief is extended to November 2, 2015.


S155617 PEOPLE v. SILVA

(MAURICIO)


Good cause appearing, and based upon counsel Victor S. Haltom’s representation that the

appellant’s opening brief is anticipated to be filed by November 30, 2015, counsel’s request for an

extension of time in which to file that brief is granted to October 19, 2015. After that date, only

one further extension totaling 41 additional days will be granted.



S159120 PEOPLE v. DEMOLLE

(ALEX)


Good cause appearing, and based upon Senior Deputy State Public Defender Jolie Lipsig’s

representation that the appellant’s opening brief is anticipated to be filed by February 24, 2016,

counsel’s request for an extension of time in which to file that brief is granted to October 20,

2015. After that date, only two further extensions totaling about 127 additional days will be

granted.



S161909 PEOPLE v. SHOVE

(THEODORE CHURCHILL)


Good cause appearing, and based upon Assistant State Public Defender Kathleen M. Scheidel’s

representation that the appellant’s opening brief is anticipated to be filed by March 28, 2016,

counsel’s request for an extension of time in which to file that brief is granted to October 20,

2015. After that date, only three further extensions totaling about 161 additional days are

contemplated.




S165195 PEOPLE v. NAVARRO, JR.,

(ANTHONY R.)


The application of appellant for relief from default for the failure to timely file appellant’s request

for extension of time is granted.

Good cause appearing, and based upon counsel Richard I. Targow’s representation that the

appellant’s reply brief is anticipated to be filed by October 6, 2015, counsel’s request for an

extension of time in which to file that brief is granted to October 6, 2015. After that date, no

further extension is contemplated.

S187726 PEOPLE v. ROTTIERS

(BROOKE MARIE)



appellant’s opening brief is extended to October 13, 2015.

S188035 PEOPLE v. JENNINGS

(GLENN WADE)



appellant’s opening brief is extended to October 9, 2015.

S189373 PEOPLE v. WILSON

(LESTER HARLAND)


Good cause appearing, and based upon counsel Patrick Morgan Ford’s representation that the

appellant’s reply brief is anticipated to be filed by September 30, 2015, counsel’s request for an

extension of time in which to file that brief is granted to September 30, 2015. After that date, no

further extension is contemplated.

S193669 NELSON (BERNARD

ALBERT) ON H.C.


Good cause appearing, and based upon Deputy Attorney General Michael J. Wise’s representation

that the informal response to the petition for writ of habeas corpus is anticipated to be filed by

October 19, 2015, counsel’s request for an extension of time in which to file that document is

granted to October 19, 2015. After that date, no further extension is contemplated.


S221215 PRECIADO (GERARDO) ON

H.C.


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

the reply to informal response is extended to September 24, 2015.

S226753 A137680 First Appellate District, Div. 2 CALIFORNIA BUILDING

INDUSTRY ASSOCIATION v.

STATE WATER RESOURCES

CONTROL BOARD



the opening brief on the merits is extended to September 21, 2015.

S227944 VIEIRA (RICHARD JOHN)

ON H.C.


Good cause appearing, and based upon Supervising Deputy Attorney General Catherine

Chatman’s representation that the informal response to the petition for writ of habeas corpus is

anticipated to be filed by January 8, 2016, counsel’s request for an extension of time in which to

file that document is granted to October 26, 2015. After that date, only two further extensions

totaling about 73 additional days are contemplated.

S168441 PEOPLE v. McKNIGHT

(ANTHONY)

Withdrawal of counsel allowed by order

Good cause appearing, the application of appointed counsel for permission to withdraw as

attorney of record for appellant Anthony McKnight, filed July 28, 2015, is granted.

The order appointing Thomas Lundy as appellate counsel of record for appellant Anthony

McKnight, filed June 29, 2011, is hereby vacated.

Upon request of appellant for appointment of counsel, Alex Coolman is hereby appointed to

represent appellant Anthony McKnight for the direct appeal in the above automatic appeal now

pending in this court.


S106274 PEOPLE v. CARO (SOCORRO

SUSAN)

Record augmentation granted in part/denied in part

Appellant’s “Supplemental Motion to Augment and Correct the Record,” filed on June 3, 2015, is

granted in part and denied without prejudice in part as follows.

The request to augment the record is denied without prejudice to appellant filing in the superior

court a notice of omission. (Cal. Rules of Court, rule 8.634(c); 8.155(b).)

The request to correct the record is granted. Within 10 days from the date of this order, counsel

for both parties and the Clerk of this court must return to the Clerk of the superior court Volume

XII, pages 2301-2561, of the Clerk’s Transcript on Appeal. Within 45 days from the date of this

order, the Clerk of the superior court must (1) prepare a new version of this volume of the Clerk’s

Transcript in which all personal identifying of any seated or alternate juror has been removed and

replaced by appropriate identifying numbers, as required by the Code of Civil Procedure, section

237, subdivision (a), and the California Rules of Court, rules 8.610(c) and 8.332, in particular

such information appearing on any page between pages 2301 and 2539, and (2) send the original

of the new Volume XII to this court and copies to counsel for the parties.

S219811 B252032 Second Appellate District, Div. 3 LEWIS (ALWIN CARL) v. S.C.

(MEDICAL BOARD OF

CALIFORNIA)

Motion to file document under seal granted

Respondent’s “Unopposed Motion to Correct Appellate Record or, in the Alternative, File Under

Seal,” filed on June 9, 2015, is granted as follows. The Clerk is directed to: (1) remove from the

public record and file under seal the unredacted version of Volumes I to III of the “Record:

Supporting Exhibits to Petition for Writ of Mandate and/or Prohibition or Other Appropriate

Relief,” pages 1 to 893; and (2) publicly file as part of the record the redacted version of these

volumes submitted by respondent on June 9, 2015. In sealing the unredacted volumes, the court

makes the findings required by rule 8.46(d)(6) of the California Rules of Court.

S219891 ALVAREZ (JUAN BOSCO)

ON H.C.

Motion to file document under seal denied

Respondent’s “Application to File Unredacted Informal Response Under Seal,” filed on

November 12, 2014, is denied. (Cal. Rules of Court, rules 2.550, 2.551, and 8.46.) The clerk of

this court is directed to return the unredacted Informal Response, lodged conditionally under seal

in this court on November 12, 2014, to respondent, unless respondent notifies the clerk in writing

within 10 days after the date of this order that the Informal Response is to be filed as part of the

public record. (See Cal. Rules of Court, rule 8.46(f)(3)(D).)


S141320 ROBINSON, JR., (JAMES) ON

H.C.

Reference hearing ordered

Based on the record in this matter and good cause appearing:

The Honorable Carolyn B. Kuhl, Presiding Judge of the Superior Court of California, County of

Los Angeles, is directed to select a Judge of that court to sit as a referee in this proceeding and

promptly notify this court of the referee selected. After appointment by this court, the referee is to

take evidence and make findings of fact on the following questions regarding the case of People v.

James Robinson, Jr. (Superior Court of California, County of Los Angeles No. PA007095, Judge

Ronald S. Coen):

1) During the guilt phase deliberations, did any jurors discuss the possible sentences petitioner

faced if he were convicted? If such discussions occurred, which jurors participated in the

discussions, and what was the extent and context of any discussion about the possible

sentences?

2) Assuming for the purposes of answering the following question that Evidence Code section

1150 does not apply, during guilt phase deliberations did any jurors agree to vote to convict

petitioner of the charged crimes in exchange for voting against a death verdict during the

penalty phase?

3) Assuming for the purposes of answering the following question that Evidence Code section

1150 does not apply, was Juror Nancy Gronewold biased against petitioner due to his race?

4) If Juror Nancy Gronewold was biased against petitioner due to his race, did she fail to

disclose her bias on her juror questionnaire or during voir dire at petitioner’s trial? If she

did, was the nondisclosure intentional and deliberate?

It is further ordered that the referee prepare and submit to this court a report of the proceedings

conducted pursuant to this appointment, of the evidence adduced, and the findings of fact made.

Petitioner’s “Motion for Discovery,” filed on March 13, 2015, is referred to the referee for

disposition. All future requests for discovery in this matter must be addressed to the referee.

If petitioner believes additional funds are required for investigator or expert services, he should

apply in the first instance to the referee. The referee is instructed to consider the investigation

petitioner has already undertaken and to decide - bearing in mind that any further investigation

must be pertinent to the questions this court has posed in this order, and considering what is

normally paid for comparable investigation pretrial - whether petitioner reasonably needs

additional funds to prepare for and conduct the evidentiary hearing, and if so, how much. The

referee will then make a recommendation concerning any further funding to this court, which will

make the final decision.

S228623 BULLETTI (PETER C.) v. S.C.

(SECURITY CODE 3, INC.)

Transferred to Court of Appeal, Sixth Appellate District

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


S227886 ACCUSATION OF MUNOZ

Petition denied (accusation)

S226334 KAMMERER ON

DISCIPLINE

Petition for writ of review denied; disbarred

The petition for review is denied.

The court orders that JENNIFER LYNN KAMMERER, State Bar Number 204888, is summarily

disbarred from the practice of law and that her name is stricken from the roll of attorneys.

JENNIFER LYNN KAMMERER also comply with California Rules of Court, rule 9.20, and

perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days,

respectively, after the effective date of this order.

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

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

and as a money judgment.

Fourth Appellate District, Div. 2 TRANSFER ORDERS

The following matters, now pending in the Court of Appeal, Fourth Appellate District, are

transferred from Division Two to Division One:

1. E061009 People v. Juan Arias

2. E061791 People v. Tydrick Carr

3. E061845 People v. Robert Shaw

4. E061111 People v. Juan Lara

5. E059811 People v. Victor Mendez

6. E061435 People v. Peter Zamora

7. E061094 People v. Davel Walker

8. E061957 People v. Sergio Lopez

9. E061485 People v. Anthony Legaspi et al.

10. E061794 People v. Sergio Ramirez-Guzman

11. E059577 People v. Ronald Hampton

12. E061975 People v. Jose Lopez et al.

13. E061483 People v. Fabian Perez

14. E060687 SML Consultants, Inc. v. Southern California Edison Company; Sharon

Martinez

15. E062152 Palms and Sands Homeowner’s Association v. Bank of America, N.A., et al.

16. E060996 Hiram Jones et al. v. William Cooke

17. E061272 Palm Springs Villa II Homeowners Association, Inc. v. Erna Parth

18. E060977 SoCal Self Storage-Loma Linda, LP v. Raymond Clark et al.

E061689 SoCal Self Storage-Loma Linda, LP v. Loma Linda University

19. E061849 Wendy Rivera v. Joseph Gentile et al.

20. E062529 Viorel Bucur et al. v. Mirza Ahmad

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