28
[NO MINUTES WERE GENERATED FOR MONDAY, JANUARY 20, 2014, IN OBSERVANCE OF MARTIN LUTHER KING JR. DAY.] 106 SUPREME COURT MINUTES TUESDAY, JANUARY 21, 2014 SAN FRANCISCO, CALIFORNIA S094890 PEOPLE v. MANIBUSAN (JOSEPH KEKOA) Rehearing denied Werdegar, J., is of the opinion the petition should be granted. S151362 BELL (STEVEN M.) ON H.C. Order to show cause issued The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, when the matter is ordered on calendar, why petitioner should not be granted relief because of the alleged misconduct of Juror M.H., as alleged in claim six, subclaim 7, of the petition for a writ of habeas corpus filed March 29, 2007, and amended June 22, 2009. A written return is to be served and filed on or before February 20, 2014. Votes: Cantil-Sakauye, C. J., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ. S214221 G047922 Fourth Appellate District, Div. 3 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL v. S.C. (ALVARADO) Petition for review granted Votes: Cantil-Sakauye, C. J., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ. S214739 B229255 Second Appellate District, Div. 5 PEOPLE v. STRATIS (CHRISTOPHER) Petition for review granted; briefing deferred The People’s petition for review and defendant Christopher Stratis’s petition for review are both granted. Further action in this matter is deferred pending consideration and disposition of related issues in People v. Moffett, S206771, People v. Gutierrez, S206365, and People v. Banks, S213819 (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. Defendant Victor Maurtua’s petition for review is denied. Votes: Cantil-Sakauye, C. J., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ.

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[NO MINUTES WERE GENERATED FOR

MONDAY, JANUARY 20, 2014,

IN OBSERVANCE OF MARTIN LUTHER KING JR. DAY.]

106

SUPREME COURT MINUTES

TUESDAY, JANUARY 21, 2014

SAN FRANCISCO, CALIFORNIA

S094890 PEOPLE v. MANIBUSAN

(JOSEPH KEKOA)

Rehearing denied

Werdegar, J., is of the opinion the petition should be granted.

S151362 BELL (STEVEN M.) ON H.C.

Order to show cause issued

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

when the matter is ordered on calendar, why petitioner should not be granted relief because of the

alleged misconduct of Juror M.H., as alleged in claim six, subclaim 7, of the petition for a writ of

habeas corpus filed March 29, 2007, and amended June 22, 2009.

A written return is to be served and filed on or before February 20, 2014.

Votes: Cantil-Sakauye, C. J., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ.

S214221 G047922 Fourth Appellate District, Div. 3 DEPARTMENT OF

CALIFORNIA HIGHWAY

PATROL v. S.C.

(ALVARADO)

Petition for review granted

Votes: Cantil-Sakauye, C. J., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ.

S214739 B229255 Second Appellate District, Div. 5 PEOPLE v. STRATIS

(CHRISTOPHER)

Petition for review granted; briefing deferred

The People’s petition for review and defendant Christopher Stratis’s petition for review are both

granted. Further action in this matter is deferred pending consideration and disposition of related

issues in People v. Moffett, S206771, People v. Gutierrez, S206365, and People v. Banks,

S213819 (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. Defendant Victor Maurtua’s petition for review is denied.

Votes: Cantil-Sakauye, C. J., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ.

SAN FRANCISCO JANUARY 21, 2014 107

S214831 B244648 Second Appellate District, Div. 8 PEOPLE v. WILSON

(LANIEL)

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. Scott, S211670 (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., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ.

S215117 E054970 Fourth Appellate District, Div. 2 PEOPLE v. ZARATE

(TOMMY PETE)

Petition for review granted; briefing deferred

The People’s petition for review is granted. Further action in this matter is deferred pending

consideration and disposition of a related issue in 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.

Defendant’s petition for review is denied.

Votes: Cantil-Sakauye, C. J., Kennard, Baxter, Werdegar, Chin, Corrigan, and Liu, JJ.

S214244 B239242 Second Appellate District, Div. 2 PEOPLE v. RIOS, JR.,

(REYES)

Petition for review denied

S214542 B240536 Second Appellate District, Div. 5 HOLLINGSWORTH, JR.,

(GERALD V.) v. LINCOLN

GENERAL INSURANCE

COMPANY

Petition for review & publication request(s) denied

S214564 F062489 Fifth Appellate District PEOPLE v. ZENTENO

(DANIEL ESPINOZA)

Petition for review denied

S214578 A134206/A134759 First Appellate District, Div. 2 CUNNINGHAM

(ARCHIBALD) v. COOMBS

(MICHAEL)

Petition for review & publication request(s) denied

SAN FRANCISCO JANUARY 21, 2014 108

S214579 B247362 Second Appellate District, Div. 3 BELL, CITY OF v. S.C.

(RIZZO)

Petition for review denied

The request for judicial notice filed December 2, 2013, is granted.

S214666 B241154 Second Appellate District, Div. 8 REID (PAUL) v. MERCURY

INSURANCE COMPANY

Petition for review denied

S214687 D061251 Fourth Appellate District, Div. 1 PEOPLE v. KEIGWIN (KENT

THOMAS)

Petition for review denied

S214692 E059878 Fourth Appellate District, Div. 2 LOMBARDELLI (ALFRED)

ON H.C.

Petition for review denied

S214712 H039577 Sixth Appellate District DEBORD (JUDY) v. S.C.

(SAGEMARK CONSULTING)

Petition for review denied

S214715 C068161 Third Appellate District IN RE K.C.

Petition for review denied

S214723 A137011 First Appellate District, Div. 5 MORRICAL (ANN M.) v.

ROGERS (JESSE)

Petition for review denied

The applications to appear as counsel pro hac vice are granted.

S214737 F064892 Fifth Appellate District PEOPLE v. BLAKE, JR.,

(HAROLD WAYNE)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 109

S214763 A131914 First Appellate District, Div. 2 COOMBS (MICHAEL) v.

CUNNINGHAM

(ARCHIBALD)

Petition for review & publication request(s) denied

S214765 H038087 Sixth Appellate District GRIFFITH (HAROLD) v.

PAJARO VALLEY WATER

MANAGEMENT AGENCY

Petitions for review & depublication request(s) denied

S214794 A135732 First Appellate District, Div. 2 PEOPLE v. MILES (RAY)

Petition for review denied

S214825 H038441 Sixth Appellate District PEOPLE v. LEGLER

(ANTHONY JAMES)

Petition for review denied

S214839 E054551 Fourth Appellate District, Div. 2 PEOPLE v. SAWAY

(CHANTHON)

Petition for review denied

S214840 G046788 Fourth Appellate District, Div. 3 PEOPLE v. CASTANEDA

(AARON ERNESTO)

Petitions for review denied

S214851 B240406 Second Appellate District, Div. 1 PEOPLE v. PEREZ (RYAN)

Petition for review denied

S214859 H039776 Sixth Appellate District LEGLER (ANTHONY JAMES)

ON H.C.

Petition for review denied

S214861 B240371 Second Appellate District, Div. 5 PEOPLE v. MARTINEZ

(BRAYON MARTIN)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 110

S214865 B239112 Second Appellate District, Div. 5 SHOR (LEONID) v. LITTLE

NEW YORK RESTAURANT,

INC.

Petition for review denied

S214866 C068315 Third Appellate District REYNOLDS (DEBORAH J.) v.

AUBURN COUNTRY VILLA

HOMEOWNERS

ASSOCIATION

Petition for review & publication request(s) denied

S214872 G046663 Fourth Appellate District, Div. 3 CASSIDY (CARL

RANDOLPH) v. CALIFORNIA

BOARD OF ACCOUNTANCY

Petition for review denied

S214881 A136993 First Appellate District, Div. 2 PEOPLE v. M. (DOUGLAS)

Petition for review & depublication request(s) denied

S214889 G047293 Fourth Appellate District, Div. 3 IN RE RICARDO P.

Petition for review denied

S214905 B246558 Second Appellate District, Div. 7 IN RE E.L.

Petition for review denied

S214908 C075130 Third Appellate District WELCH-BROWN (GAYE) v.

S.C. (STATE

CONTROLLER’S OFFICE)

Petition for review denied

S214911 C068115 Third Appellate District PEOPLE v. CERVANTES

(JOSE LUIS)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 111

S214919 B243568 Second Appellate District, Div. 4 PEOPLE v. SALCIDO

(GREGORY JIMENEZ)

Petition for review denied

S214920 A133462 First Appellate District, Div. 1 PEOPLE v. ACOSTA (STEVE

P.)

Petition for review denied

S214977 A138037 First Appellate District, Div. 5 PEOPLE v. RAMIREZ, JR.,

(FRANCISCO ALFREDO)

Petition for review denied

S214990 E055864 Fourth Appellate District, Div. 2 PEOPLE v.

THIPTHAMMAVONG

(RICKY LAMMONE)

Petition for review denied

S214994 B242119 Second Appellate District, Div. 4 PEOPLE v. PEREZ (JOSE)

Petition for review denied

S214998 D063617 Fourth Appellate District, Div. 1 PEOPLE v. PIEPENBRINK

(MARK ADAM)

Petition for review denied

S215003 B248948 Second Appellate District, Div. 3 PEOPLE v. SURICO

(CHRISTOPHER)

Petition for review denied

S215026 D061794 Fourth Appellate District, Div. 1 PEOPLE v. ROMO (JAVIER)

Petition for review denied

S215027 C070740 Third Appellate District R. LAWSON ENTERPRISES

LLC v. DOLE FRESH

VEGETABLES, INC.

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 112

S215048 B239118 Second Appellate District, Div. 8 HOLLINGSWORTH

(GERALD V.) v.

PROBUILDERS SPECIALTY

INSURANCE CO.

Petition for review denied

S215053 B241364 Second Appellate District, Div. 1 PEOPLE v. ROSAS (ALEX)

Petitions for review denied

S215057 A140015 First Appellate District, Div. 1 ANDERSON (DENNIS) ON

H.C.

Petition for review denied

S215069 B248324 Second Appellate District, Div. 7 FARMERS INSURANCE

EXCHANGE v. S.C.

(BAUTISTA)

Petition for review denied

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

S215101 A133610 First Appellate District, Div. 4 CAFFERY (LILA De

LESSELINE) & BURNS

(DONALD EDWARD),

MARRIAGE OF

Petition for review denied

S215118 D061999 Fourth Appellate District, Div. 1 BCS INVESTMENTS, INC. v.

LORENZ (MARGUERITE C.)

Petition for review denied

S215128 C072078 Third Appellate District PEOPLE v. VALDOVINO

(JACINTO JOSE)

Petition for review denied

S215129 C071145 Third Appellate District PEOPLE v. NIVISON

(RONALD CLAIRE)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 113

S215131 C071330 Third Appellate District PEOPLE v. ELLIOTT (DION

LYDALE)

Petition for review denied

S215155 B241981 Second Appellate District, Div. 1 SIGELMAN (PAUL) v. STATE

FARM GENERAL

INSURANCE CO.

Petition for review denied

S215163 B249448 Second Appellate District, Div. 6 IN RE JAYCEE S.

Petition for review denied

S215226 H038847 Sixth Appellate District PEOPLE v. SIMPSON

(TIMOTHY TYRONE)

Petition for review denied

S215242 C075265 Third Appellate District STOHLMAN (RUSSELL) v.

S.C. (WELLS FARGO BANK,

N.A.)

Petition for review denied

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

S215247 C068477 Third Appellate District PEOPLE v. LONGACRE

(DARRELL RYAN)

Petition for review denied

S215255 B242748 Second Appellate District, Div. 7 PEOPLE v. GONZALES

(GERALD LUIS)

Petition for review denied

S215257 H039218 Sixth Appellate District PEOPLE v. ORTEGA (ANGEL

JOHN)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 114

S215264 C069953 Third Appellate District PEOPLE v. HOLMES

(CLARENCE)

Petition for review denied

S215266 F064055 Fifth Appellate District PEOPLE v. RABBIOSI

(CHRISTOPHER ANTONE)

Petition for review denied

S215267 H039272 Sixth Appellate District PEOPLE v. JONES III (ELLIS

T. CALIFORNIA)

Petition for review denied

S215270 B233380 Second Appellate District, Div. 6 PEOPLE v. WINSLOW

(GREG LOREN)

Petition for review denied

S215274 G047803 Fourth Appellate District, Div. 3 BAAH (ALEX) v. AT&T

CORPORATION

Petition for review denied

Baxter and Werdegar, JJ., were recused and did not participate.

S215279 B249561 Second Appellate District, Div. 3 PEOPLE v. ARTOLA (EDDY)

Petition for review denied

S215281 F065161 Fifth Appellate District PEOPLE v. CORONADO

(EVER ANTONIO)

Petition for review denied

S215287 B245094 Second Appellate District, Div. 3 IN RE REGINALD W.

Petition for review denied

S215296 F063106 Fifth Appellate District PEOPLE v. ARANO (ISAAC)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 115

S215297 A140388 First Appellate District, Div. 4 TURNER (STEPHEN B.) v.

S.C. (HURLEY)

Petition for review denied

S215304 D062464 Fourth Appellate District, Div. 1 DURANT (WILLIAM H.) v.

NICHOLAS GRANT

CORPORATION

Petition for review denied

S215317 H038179 Sixth Appellate District PEOPLE v. SLONE (WALTER

RAY)

Petition for review denied

S215318 C066209 Third Appellate District PEOPLE v. MAXWELL

(WILLIAM)

Petition for review denied

S215320 B243343 Second Appellate District, Div. 6 PEOPLE v. LOPEZ

(EDUARDO CERVANTES)

Petition for review denied

S215323 B245874 Second Appellate District, Div. 8 PEOPLE v. MENDEZ

(RAYMUNDO)

Petition for review denied

S215324 B244815 Second Appellate District, Div. 8 PEOPLE v. BABCZENKO

(PETER)

Petition for review denied

S215326 D063021 Fourth Appellate District, Div. 1 PEOPLE v. KROES

(AMANDA LYNN)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 116

S215328 E056717 Fourth Appellate District, Div. 2 PEOPLE v. RODRIGUEZ

(CESAR CAZAREZ)

Petition for review denied

S215332 WALCOTT (DARRYL) v. S.C.

(PEOPLE)

Petition for writ of error coram vobis denied

S215338 H039810 Sixth Appellate District IN RE D.R.

Petition for review denied

S215340 H038815 Sixth Appellate District PEOPLE v. BETTANCOURT

(ROGER ANTHONY)

Petition for review denied

S215349 C068050 Third Appellate District PEOPLE v. FRANK (KYLE

DOUGLAS)

Petition for review denied

S215352 C071435 Third Appellate District PEOPLE v. MADDEN

(DEMETRI)

Petition for review denied

S215353 B241234 Second Appellate District, Div. 7 PEOPLE v. SOSA (HEATH

DEREK)

Petition for review denied

S215355 A134881 First Appellate District, Div. 5 PEOPLE v. HUDSON (UMAR

R.)

Petition for review denied

S215360 A132652 First Appellate District, Div. 1 PEOPLE v. HERNANDEZ

(ROBERT VALENTINO)

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 117

S215371 B252518 Second Appellate District, Div. 1 SINGLETON (CHARLES) ON

H.C.

Petition for review denied

S215375 FONG (ALLEN DAVID) v.

COURT OF APPEAL, SIXTH

APPELLATE DISTRICT

(PEOPLE)

Petition for writ of mandate/prohibition denied

S215382 B252621 Second Appellate District, Div. 1 REGENTS OF THE

UNIVERSITY OF

CALIFORNIA v. S.C.

(PEDOWITZ)

Petition for review denied

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

S215430 B251412 Second Appellate District, Div. 5 WILSON (EARL B.) ON H.C.

Petition for review denied

S215587 LANE (GARY), IN RE

Petition for review denied

S215666 PHILLIPS (RICHARD LOUIS

ARNOLD) v.

CANTIL-SAKAUYE

(TANI)/(PEOPLE)

Petition for writ of mandate/prohibition & application for stay denied

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

S215673 G049147 Fourth Appellate District, Div. 3 LOGAN (GARFIELD) v. S.C.

(LOGAN)

Petition for review & application for stay denied

S215748 B246236 Second Appellate District, Div. 4 IN RE B.P

Petition for review denied

SAN FRANCISCO JANUARY 21, 2014 118

S215755 C075338 Third Appellate District LETHERBLAIRE (PAULA) v.

S.C. (ROBIE)

Petition for review & application for stay denied

S211955 BERARDI (GEORGE) ON

H.C.

Petition for writ of habeas corpus denied

S212011 BOYD, JR., (GLENN L.) ON

H.C.

Petition for writ of habeas corpus denied

S212019 PORTER (ESSEX) ON H.C.

Petition for writ of habeas corpus denied

S212303 MILES (LEON) 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; People v. Duvall (1995) 9 Cal.4th 464, 474; In re

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

S212387 STONE (ADAM) ON H.C.

Petition for writ of habeas corpus denied

S212563 RIOS (ARTHUR) ON H.C.

Petition for writ of habeas corpus denied

S212824 LATANZIO (PAUL DANIEL)

ON H.C.

Petition for writ of habeas corpus denied

S213404 SALDIVAR (ERIC HENRY)

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 JANUARY 21, 2014 119

S213408 THOMPSON (BRANDEN) ON

H.C.

Petition for writ of habeas corpus denied

S213438 GIPSON (SKYE ELY) ON H.C.

Petition for writ of habeas corpus denied

S213442 HAMMONDS (LOUIE

MENDEZ) ON H.C.

Petition for writ of habeas corpus denied

S213447 THOMPSON (CHRISTOPHER

MICHAEL) 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.)

S213576 GARRETT (DAYMON) ON

H.C.

Petition for writ of habeas corpus denied

S213661 SALGADO (VICTOR HUGO)

ON H.C.

The petition for writ of habeas corpus is denied on the merits. (See Harrington v. Richter (2011)

562 U.S. __ [131 S.Ct. 770, 785], citing Ylst v. Nunnemaker (1991) 501 U.S. 797, 803.)

S213680 MIXON (ALTON DEION) ON

H.C.

Petition for writ of habeas corpus denied

S213698 DAVIS, SR., (JOHN L.) ON

H.C.

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

SAN FRANCISCO JANUARY 21, 2014 120

S213701 MURILLO (MANUEL) ON

H.C.

Petition for writ of habeas corpus denied

S213736 PUGH (DARRYL) ON H.C.

Petition for writ of habeas corpus denied

S213737 WILLIAMS (DONALD) ON

H.C.

Petition for writ of habeas corpus denied

S213812 RATLIFF (DEVERON J.) 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.)

S213815 FERGUSON (TERRELL) 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.)

S213898 RODRIGUEZ (NAHU) 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.)

S213916 THOMAS (EDWARD) ON

H.C.

Petition for writ of habeas corpus denied

S213936 DAVIDSON (TOMMY

PERNELL) ON H.C.

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

In re Dixon (1953) 41 Cal.2d 756, 759; In re Swain (1949) 34 Cal.2d 300, 304; In re Lindley

(1947) 29 Cal.2d 709, 723.)

SAN FRANCISCO JANUARY 21, 2014 121

S213957 BRADLEY (RICKY AARON)

ON H.C.

Petition for writ of habeas corpus denied

S213999 JOHNSON (RICHARD K.) ON

H.C.

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

S214004 LEWIS (FRANK) ON H.C.

Petition for writ of habeas corpus denied

S214011 YOUNG (JOHN CEPHAS) ON

H.C.

Petition for writ of habeas corpus denied

S214021 LOPEZ (JORGE A.) ON H.C.

Petition for writ of habeas corpus denied

S214026 SHAFFER (DAVID LLOYD)

ON H.C.

Petition for writ of habeas corpus denied

S214043 CLAYTON (MICHAEL L.) ON

H.C.

Petition for writ of habeas corpus denied

S214070 SMITH (JOHN) ON H.C.

Petition for writ of habeas corpus denied

S214074 WILLIAMS (LANCE) ON H.C.

Petition for writ of habeas corpus denied

SAN FRANCISCO JANUARY 21, 2014 122

S214089 THOMAS (EDWARD) ON

H.C.

Petition for writ of habeas corpus denied

S214093 HENDRIX (BENNY LEE) 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.)

S214096 EAGAN (ANTHONY) 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.)

S214099 FUQUA (KEVIN L.) 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.)

S214101 SAVOLT (MITCHELL

EUGENE) ON H.C.

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

People v. Duvall (1995) 9 Cal.4th 464, 474; In re Swain (1949) 34 Cal.2d 300, 304.)

S214103 SPRUIELL (DAMEIN) 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.)

S214112 McGEE (JAMES COREY) 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.)

S214137 MUHAMMAD (SHAKA

SENEGAL) ON H.C.

Petition for writ of habeas corpus denied

SAN FRANCISCO JANUARY 21, 2014 123

S214138 CHESTANG (EDDIE LEE) ON

H.C.

Petition for writ of habeas corpus denied

S214140 PAYNE (EDDIE) 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, 797-798; People v. Duvall (1995) 9 Cal.4th 464, 474.)

S214141 CORADO (OSCAR LOPEZ)

ON H.C.

Petition for writ of habeas corpus denied

S214142 WHITE (MICHAEL) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 797-798;

People v. Duvall (1995) 9 Cal.4th 464, 474.)

S214160 PARTNER (JOHNNY

ALBERT) ON H.C.

The petition for writ of habeas corpus is denied on the merits. (See Harrington v. Richter (2011)

562 U.S. __ [131 S.Ct. 770, 785], citing Ylst v. Nunnemaker (1991) 501 U.S. 797, 803.)

S214162 YSLAS (LUIS) ON H.C.

Petition for writ of habeas corpus denied

S214163 ADKINS (DAVID) 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, 797-798; In re Waltreus (1965) 62 Cal.2d 218, 225.)

S214177 KELLER (JOHN) ON H.C.

The petition for writ of habeas corpus is denied.

S214181 SOLIS (BENJAMIN) ON H.C.

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

SAN FRANCISCO JANUARY 21, 2014 124

S214184 WILEY (TOMMY) ON H.C.

Petition for writ of habeas corpus denied

S214187 CRAIG (REGINALD) ON H.C.

Petition for writ of habeas corpus denied

S214189 HERNANDEZ (JOSEPH) ON

H.C.

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

474.)

S214217 SIMMONS (CAROLYN) ON

H.C.

Petition for writ of habeas corpus denied

S214220 WINDLEY (JAMES) ON H.C.

Petition for writ of habeas corpus denied

S214231 JOHNSON (ARTHUR LEE)

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.)

S214272 LEE (GEORGE) ON H.C.

Petition for writ of habeas corpus denied

S214274 DIAZ (JOSE) ON H.C.

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

S214298 GARZA (ALFONSO) ON H.C.

Petition for writ of habeas corpus denied

SAN FRANCISCO JANUARY 21, 2014 125

S214342 CARPENTER (COREY) 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, 797-798; People v. Duvall (1995) 9 Cal.4th 464, 474.)

S214346 MARTINEZ (LUCIA) ON H.C.

Petition for writ of habeas corpus denied

S214354 McCOY (JOE LYNN) ON H.C.

Petition for writ of habeas corpus denied

S214357 MOORE (THOMAS EUGENE)

ON H.C.

Petition for writ of habeas corpus denied

S214358 ALVARADO (ERIC) ON H.C.

Petition for writ of habeas corpus denied

S214363 MITCHELL (RODNEY D.) ON

H.C.

Petition for writ of habeas corpus denied

S214366 DUENAS (JULIO) ON H.C.

Petition for writ of habeas corpus denied

S214377 LIVINGSTON (WARNER) ON

H.C.

Petition for writ of habeas corpus denied

S214396 JOHNSON (GARRISON) 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 JANUARY 21, 2014 126

S214399 DOMINGUEZ (JOSE 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.)

S214402 FRAHER (CECILIA) 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.)

S214403 GUTIERREZ (ROBERTO

MORALES) ON H.C.

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

S214417 SIMMONS (RONALD) ON

H.C.

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

S214545 KOBE (STEPHEN) ON H.C.

Petition for writ of habeas corpus denied

S214560 WARZEK (MICHAEL R.) 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; In re Swain (1949) 34 Cal.2d 300, 304.)

S214569 SOTO (ISRAEL) ON H.C.

Petition for writ of habeas corpus denied

S214589 DICKERSON (GREGORY

SCOTT) ON H.C.

Petition for writ of habeas corpus denied

S214596 KUTZER (CALVIN T.) ON

H.C.

Petition for writ of habeas corpus denied

SAN FRANCISCO JANUARY 21, 2014 127

S214621 SMITH (ANTHONY) ON H.C.

Petition for writ of habeas corpus denied

S214623 AYALA (JUAN) ON H.C.

Petition for writ of habeas corpus denied

S214638 TILLMAN (ANDREW) 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, 797-798.)

S214646 LOIBLE (HENRY J.) ON H.C.

Petition for writ of habeas corpus denied

S214651 JACKSON, JR., (CLIFFORD

L.) ON H.C.

Petition for writ of habeas corpus denied

S214654 MAGANA (MARTIN

MARTINEZ) ON H.C.

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

In re Waltreus (1965) 62 Cal.2d 218, 225; In re Swain (1949) 34 Cal.2d 300, 304.)

S214656 OCHOA (MARCIAL A.) ON

H.C.

Petition for writ of habeas corpus denied

S214657 RUBINO (ROBERT M.) 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, 797-798; People v. Duvall (1995) 9 Cal.4th 464, 474; In re

Dixon (1953) 41 Cal.2d 756, 759; In re Swain (1949) 34 Cal.2d 300, 304.)

SAN FRANCISCO JANUARY 21, 2014 128

S214719 TOUSHAY (JOHN ELVIS) ON

H.C.

Petition for writ of habeas corpus denied

S214725 GRIFFIN (DEION) ON H.C.

Petition for writ of habeas corpus denied

S214780 LONG (KEVIN MICHAEL)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 797-798.)

S214807 LIVINGSTON (WARNER) 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.)

S214891 B244338 Second Appellate District, Div. 2 JOHNSON (TANYA) v.

AUTOMOBILE CLUB OF

SOUTHERN CALIFORNIA

Publication request denied (case closed)

S214982 B246967 Second Appellate District, Div. 5 SIMMONS (TOBI) v. AVANT

GARDE SENIOR LIVING

Publication request denied (case closed)

S215290 JIMENEZ (FRANCISCO) v.

CRUZ (MACLOVIA)

Publication request denied (case closed)

S215294 MIKE PAYNE &

ASSOCIATES, INC. v.

SACCHI (JOHN)

Publication request denied (case closed)

SAN FRANCISCO JANUARY 21, 2014 129

S214849 A136658 First Appellate District, Div. 3 IN RE R.A.

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

February 21, 2014.

S214852 B242441 Second Appellate District, Div. 7 BENTON (LORENZO) v.

TELECOM NETWORK

SPECIALISTS, INC.

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

February 24, 2014.

S214855 B237153 Second Appellate District, Div. 1 STATE DEPARTMENT OF

FINANCE v. COMMISSION

ON STATE MANDATES

(COUNTY OF LOS

ANGELES)

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

February 24, 2014.

S214887 C066545 Third Appellate District WALLIS (DALE M.) v. PHL

ASSOCIATES, INC.

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

February 25, 2014.

S215058 B232880 Second Appellate District, Div. 6 PEOPLE v. MARTINEZ

(ENRIQUE SANDOVAL)

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

February 21, 2014.

S107900 PEOPLE v. WRIGHT, JR.,

(WILLIAM LEE)

Extension of time granted

Good cause appearing, and based upon Deputy Attorney General Kimara A. Aarons’s

representation that the respondent’s brief is anticipated to be filed by February 24, 2014, counsel’s

request for an extension of time in which to file that brief is granted to February 24, 2014. After

that date, no further extension is 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).)

SAN FRANCISCO JANUARY 21, 2014 130

S114228 PEOPLE v. DUONG (ANH

THE)

Extension of time granted

Good cause appearing, and based upon counsel Debra S. Sabah Press’s representation that the

appellant’s opening brief is anticipated to be filed by February 28, 2014, counsel’s request for an

extension of time in which to file that brief is granted to February 28, 2014. After that date, no

further extension will be granted.

S150509 PEOPLE v. PINEDA

(SANTIAGO)

Extension of time granted

Good cause appearing, and based upon Senior Deputy State Public Defender Gary D. Garcia’s

representation that the appellant’s opening brief is anticipated to be filed by May 23, 2014,

counsel’s request for an extension of time in which to file that brief is granted to March 24, 2014.

After that date, only one further extension totaling about 60 additional days will be granted.

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

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

S205145 H036414 Sixth Appellate District PEOPLE v. DIAZ (DORA)

Extension of time granted

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

the supplemental opening brief is extended to February 21, 2014.

S210898 D060317 Fourth Appellate District, Div. 1 PEOPLE v. SMITH (VINCE

BRYAN)

Extension of time granted

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

the answer brief on the merits is extended to January 27, 2014.

S211793 B237712 Second Appellate District, Div. 8 WINN (KATHLEEN A.) v.

PIONEER MEDICAL GROUP,

INC.

Extension of time granted

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

file the reply brief on the merits is extended to March 3, 2014.

Based on the representation of Cassidy D. Davenport, counsel for defendants and respondents,

that counsel anticipates filing the reply brief within the time requested, no further extensions of

time are contemplated.

SAN FRANCISCO JANUARY 21, 2014 131

S213571 A135516 First Appellate District, Div. 4 PEOPLE v. AGUILAR

(OCTAVIO)

Extension of time granted

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 February 13, 2014.

No further extensions are contemplated.

S215689 G047644 Fourth Appellate District, Div. 3 RIVERA (PEDRO MEDINA) v.

HILTON WORLDWIDE, INC.

Extension of time granted

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

the answer to petition for review is extended to February 6, 2014.

S077524 PEOPLE v. SALAZAR

(MAGDALENO)

Marsden motion denied

Appellant’s “Marsden Motion and Substitution of Attorney,” filed on June 3, 2013, is denied.

S105876 PEOPLE v. SUAREZ

(ARTURO JUAREZ)

Counsel appointment order filed

Good cause appearing, “Appellant’s Motion for Appointment of Lead and Associate Counsel on

Both Direct Appeal and Related Habeas Corpus/Executive Clemency Proceedings,” filed

December 9, 2013, is granted.

The order appointing Lisa R. Short as appellate counsel of record for appellant Arturo Juarez

Suarez, filed April 6, 2007, and the order appointing Michael Snedeker as habeas

corpus/executive clemency counsel of record for appellant Arturo Juarez Suarez, filed July 6,

2010, are hereby vacated to the extent that such orders limit each counsel’s appointment to

separate capital-related postconviction proceedings on behalf of Arturo Juarez Suarez.

Michael R. Snedeker and Lisa R. Short, at their request, are hereby appointed as lead and

associate counsel of record, respectively, to represent appellant Arturo Juarez Suarez for both the

direct appeal and related state habeas corpus/executive clemency proceedings in the

above-automatic appeal now pending in this court.

SAN FRANCISCO JANUARY 21, 2014 132

S025520 PEOPLE v. WALDON (BILLY

RAY)

Record ordered unsealed

Appellant’s “Second Supplemental Motion to Unseal Portions of the Record,” filed on

October 17, 2013, and “Third Supplemental Motion to Unseal Portions of the Record,” filed on

December 18, 2013, are granted.

The Clerk is directed to unseal the following portions of the sealed record on appeal, make them

part of the public record, and provide copies to Respondent:

1. Sealed Volume 38 Clerk’s Transcript pages 8222-8223;

2. Sealed Volume 38 Clerk’s Transcript pages 8359-8364.

S076340 PEOPLE v. NGUYEN (LAM

THANH)

Motion denied

Appellant’s “Motion for Release of Calendar Memorandum or Memoranda Prior to Oral

Argument,” filed on October 11, 2013, is denied.

S151243 TOBIN (CHRISTOPHER

ALLAN) ON H.C.

Order filed

Petitioner’s “Application for Leave to File Supplemental Facts and Appendices in Support of

Allegations in the Petition for Writ of Habeas Corpus,” filed on December 18, 2013, is granted.

The Clerk is directed to file the supplemental facts and appendices lodged in this court on

December 18, 2013. Respondent may, but need not, file an informal response within 30 days of

the date of this order; any reply thereto must be served and filed within 30 days thereafter.

S215253 D062324 Fourth Appellate District, Div. 1 SWARTZ (KEVIN F.) v.

COLDWELL BANKER

RESIDENTIAL BROKERAGE

COMPANY

Order filed

Due to clerical error, the requests for publication and the opposition to the requests for

publication, in the above-entitled matter are hereby stricken and refiled under S215156, Kevin F.

Swartz et al. v. Coldwell Banker Residential Brokerage Company.

S215390 ACCUSATION OF

GROSSMAN

Petition denied (accusation)

SAN FRANCISCO JANUARY 21, 2014 133

BAR MISC. 4186 IN THE MATTER OF THE APPLICATION OF THE COMMITTEE

OF BAR EXAMINERS OF THE STATE BAR OF CALIFORNIA

FOR ADMISSION OF ATTORNEYS (MOTION NO. 1,117)

The written motion of the Committee of Bar Examiners that the following named applicants, who

have fulfilled the requirements for admission to practice law in the State of California, be

admitted to the practice of law in this state is hereby granted, with permission to the applicants to

take the oath before a competent officer at another time and place:

(SEE ORIGINAL APPLICATION FOR THE LIST OF NAMES ATTACHED.)