SUPREME COURT MINUTES WEDNESDAY, OCTOBER 28, 2015 …

1786

SUPREME COURT MINUTES

WEDNESDAY, OCTOBER 28, 2015

SAN FRANCISCO, CALIFORNIA

S121365 SNOW (PRENTICE JUAN) ON

H.C.

Order to show cause issued

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

this court, when the matter is placed on calendar, why petitioner is not entitled to relief because he

was denied his state and federal constitutional rights to the assistance of counsel at the penalty

phase of his trial, as alleged in Claims 15 and 16 of the amended petition for writ of habeas

corpus, filed December 18, 2006. The return must be filed on or before November 30, 2015.

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

S229276 A141143 First Appellate District, Div. 2 IN RE I.C.

Petition for review granted


S229446 B251230 Second Appellate District, Div. 5 PEOPLE v. FINANCIAL

CASUALTY & SURETY, INC.

Petition for review granted; issues limited

The petition for review is granted.

The issues to be briefed and argued are limited to the following:

(1) Should the good cause standard under Penal Code section 1305.4 for extension of the

period to exonerate bail require a demonstration of a reasonable likelihood of success of

returning a fugitive?

(2) When a court finds there has been a diligent investigation to locate a fugitive, does the

burden shift under Penal Code section 1305.4 to the People to prove that there is not a

reasonable likelihood of success of returning the fugitive?

(3) Does an extension of the period to exonerate bail under Penal Code section 1305.4

commence on the date on which the initial 180-day period expires or on the date on which

the trial court grants the extension?

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

SAN FRANCISCO OCTOBER 28, 2015 1787

S143743 PEOPLE v. MENDOZA

(HUBER JOEL)

Supplemental briefing ordered

The application dated October 21, 2015, of appellant Huber Joel Mendoza to file a supplemental

letter brief in the above-captioned case is granted. The Attorney General is directed to serve and

file a responsive letter brief in hard copy in our Clerk’s Office no later than Wednesday,

November 18, 2015. Appellant may serve and file a responsive reply brief within 10 court days

after the Attorney General’s responsive brief is filed under this or any subsequent order of this

court. The provisions of California Rules of Court, rule 8.25(b)(3) will not apply.

The court vacates the submission of the matter that occurred on October 6, 2015, to afford time

for the briefing and consideration of the issue raised in appellant’s supplemental letter brief. This

matter will be resubmitted, without further order, as of the date that the last supplemental brief is

or could be timely filed under this or any subsequent order of this court. (See Cal. Rules of Court,

rule 8.524(h).

S229010 H041363 Sixth Appellate District PEOPLE v. DELAPENA

(JAMES EDWARD)

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. DeHoyos, S228230 (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.


S229113 D067447 Fourth Appellate District, Div. 1 FLANNIGAN (KAROLYN) v.

ONULDO, INC.



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

Yvanova v. New Century Mortgage Corp., S218973 (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.



S229271 C075960/C076314 Third Appellate District PEOPLE v. ACCREDITED

SURETY & CASUALTY CO.

INC.



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

People v. Financial Casualty & Surety (S229446) (see Cal. rules of Court, rule 8.524 (c)), or




S229373 F067821 Fifth Appellate District PEOPLE v. BEHILL (JESSE

JESUS)


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

and disposition of a related issue in People v. Chaney, S223676, and People v. Valencia, S223825

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

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

order of the court.


S229442 C078557 Third Appellate District UNIVERSAL PROTECTION

SERVICE, LP v. S.C.

(PARNOW)



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

Sandquist v. Lebo Automotive, Inc., S220812 (see Cal. Rules of Court, rule 8.512(d)(2)), or





S229366 B265256 Second Appellate District, Div. 8 CORETTO (PAUL

ANTHONY) v. S.C. (PEOPLE)

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

Eight, with directions to issue an order to show cause

The petition for review is granted. The matter is transferred to the Court of Appeal, Second

Appellate District, Division Eight, with directions to vacate its order denying mandate and issue

an order directing respondent, Superior Court of California, County of Los Angeles, to show

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


S225982 D066332 Fourth Appellate District, Div. 1 PEOPLE v. HUNTSBERRY

(CRAIG)

Appeal abated

As indicated in a certified copy of the certificate of death, appellant Craig Huntsberry died on

June 21, 2015. Accordingly, the proceeding in People v. Craig Huntsberry, S225982, is

permanently abated. The cause is transferred to the Court of Appeal, Fourth Appellate District,

Division One with directions to enter an order in case no. D066332 permanently abating all

proceedings with respect to defendant and to require the Superior Court for San Diego County to

enter an order to that effect in case no. SCE332867. (Cal. Rules of Court, rule 8.528(d); People v.

Dail (1943) 22 Cal.2d 642, 659; People v. Bandy (1963) 216 Cal.App.2d 458, 466.) The request

to retain the cause for decision, made in a letter filed by appellant’s counsel on August 6, 2015, is

denied.


S226944 KINDRED (RICHARD

SCOTT) v. S.C. (PEOPLE)

Petition for writ of mandate/prohibition denied

S228301 C076935 Third Appellate District PEOPLE v. HALL (DAVID

SCOTT)

Petition for review denied

S228588 C076201 Third Appellate District PEOPLE v. CARGILL (KEVIN

RUSSELL)



S228638 C076206 Third Appellate District PEOPLE v. JACKSON

(ANTOINE)

The petition for review is denied without prejudice to a petition for a writ of habeas corpus

alleging ineffective assistance of counsel at sentencing. (See People v. Cropper (1979) 89

Cal.App.3d 716.)

S228654 B241172 Second Appellate District, Div. 4 PEOPLE v. LAZARUS

(STEPHANIE ILENE)

Petition for review & depublication request(s) denied

S228657 H040811 Sixth Appellate District PEOPLE v. HILLDALE

(ANGELICA)


S228660 E060611 Fourth Appellate District, Div. 2 PEOPLE v. SMITH

(CHARLES LEE)


S228662 G051986 Fourth Appellate District, Div. 3 SA RECYCLING, LLC v.

WORKERS’

COMPENSATION APPEALS

BOARD & MELENDEZ

(EDGAR)


S228685 A144561 First Appellate District, Div. 5 McFARLAND (LORETTA) v.

WORKERS’


BOARD AND PERMANENTE

MEDICAL GROUP INC.


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


S228701 A144238 First Appellate District, Div. 2 FLORES (NORMA) v.

WORKERS’


BOARD & DEPARTMENT OF

SOCIAL SERVICES


S228739 A139463 First Appellate District, Div. 4 PEOPLE v. JAMES (DENNIS

LAMAR)


S228780 B252995 Second Appellate District, Div. 4 SOTO (PATRICIA) v.

BORGWARNER MORSE

TEC, INC.


S228782 D067411 Fourth Appellate District, Div. 1 PEOPLE v. MORALES (JOEL

RODRIGUEZ)

Petition for review denied; CA opinion decertified

The petition for review is denied.

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

in the above entitled appeal filed July 14, 2015, which appears at 238 Cal.App.4th 814. (Cal.

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

S228785 H039448 Sixth Appellate District PEOPLE v. BARRETO

(RODOLFO)


S228811 A141942 First Appellate District, Div. 4 PEOPLE v. ANDERSON

(JAMES SALVADOR

ALVAREZ)


S228816 D065135 Fourth Appellate District, Div. 1 PEOPLE v. RAMIREZ

(RIGOBERTO GUTIERREZ)



S228823 A142338 First Appellate District, Div. 1 HESS (ROBERT) ON H.C.


The request for judicial notice of the records in related direct appeal case No. A140442 is granted.

S228827 A140442 First Appellate District, Div. 1 PEOPLE v. HESS (ROBERT

A.)


S228831 G048170 Fourth Appellate District, Div. 3 PEOPLE v. KINDRED

(RICHARD SCOTT)


S228868 E060821 Fourth Appellate District, Div. 2 PEOPLE v. McCRAY

(LARRY)


S228903 F067579 Fifth Appellate District PEOPLE v. FELIX (PHILIP

RON)


S228921 G050203 Fourth Appellate District, Div. 3 PEOPLE v. SUESS (JOSEPH

ROBERT)


S228923 B264320 Second Appellate District, Div. 4 DAVIS (BRUCE) ON H.C.


S228930 F066730/F066753 Fifth Appellate District PEOPLE v. GUERRERO

(VICTOR)

Petitions for review denied

S228939 C077870 Third Appellate District PEOPLE v. GALZINSKI

(HARALD)



S229004 E060754 Fourth Appellate District, Div. 2 PEOPLE v. FARIAS

(EDWARD)


S229035 H040401 Sixth Appellate District PEOPLE v. HEINRICHS

(NATHAN DAVID)


S229060 B258767 Second Appellate District, Div. 1 OLSON (CHRISTOPHER

DALE & HEATHER RAE),

MARRIAGE OF


S229062 G050158 Fourth Appellate District, Div. 3 ROYAL PACIFIC FUNDING

CORPORATION v. ARNESON

(LINDA)


S229087 D064994 Fourth Appellate District, Div. 1 PEOPLE v. AYON (ENRIQUE)


S229097 B253040 Second Appellate District, Div. 6 JPMORGAN CHASE BANK,

N.A. v. MATHIS (KIM

TREISE)


S229137 B254605 Second Appellate District, Div. 7 PEOPLE v. AGUIRRE

(RICARDO M.)


S229139 H042654 Sixth Appellate District ROUNDTREE (RICHARD

ALLEN) ON H.C.



S229150 A145732 First Appellate District, Div. 1 VOELKER (KEITH) v.

WORKERS’


BOARD & GSE

CONSTRUCTION


S229155 C077614 Third Appellate District PEOPLE v. JOHNSON, JR.,

(VANDELL)


S229156 A138840 First Appellate District, Div. 2 CLAASSEN (UTZ) v. KUHN

(HANNES)


S229171 B250111 Second Appellate District, Div. 8 CARSON HARBOR

VILLAGE, LTD. v. CITY OF

CARSON


S229206 F066339 Fifth Appellate District PEOPLE v. OCEGUERA

(JAIME)


S229217 F068291 Fifth Appellate District PEOPLE v. WARREN

(JOHNATHAN HOWARD)


S229239 A142514 First Appellate District, Div. 5 PEOPLE v. JOHNSON

(MICHAEL)


S229244 C079727 Third Appellate District NARAYAN (PRAKASH) v.

S.C. (RUCKER)



S229268 B250193 Second Appellate District, Div. 2 SARIGIANIDES

(ALEXANDRA) v. TACOS

MEXICO, INC.


S229272 A144224 First Appellate District, Div. 3 PEOPLE v. JONES (MARK

ANTHONY)


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

S229290 B255067 Second Appellate District, Div. 6 BEATTIE (ALBERT) v. CITY

OF ARROYO GRANDE


S229291 E062519 Fourth Appellate District, Div. 2 VILLAGRAN (MARCO

ANTONIO) ON H.C.


S229295 D068730 Fourth Appellate District, Div. 1 DONOROVICH-ODONNELL

(CHRISTY LYNNE) v. S.C.

(HARRIS)


S229298 D068758 Fourth Appellate District, Div. 1 DONOROVICH-

ODONNELL (CHRISTY

LYNNE) v. HARRIS

(KAMALA D.)

Application to transfer denied

The request for judicial notice filed October 8, 2015, is granted.

The petition for transfer is denied.

S229334 B252563 Second Appellate District, Div. 1 J.R. PIPELINE COMPANY,

INC. v. CITY OF LOS

ANGELES (MLADEN

BUNTICH CONSTRUCTION

CO., INC.)



S229341 B253708 Second Appellate District, Div. 7 PEOPLE v. HINTON (DANIEL

DESHAWN)

Petitions for review denied

S229361 A139907 First Appellate District, Div. 1 PEOPLE v. BANKS

(MAURICE)


S229376 B259313 Second Appellate District, Div. 5 PEOPLE v. BROWN

(ANTHONY CRAIG)


S229381 D068779 Fourth Appellate District, Div. 1 JOHN DOE v. S.C. (RIVERA)


S229389 D066774 Fourth Appellate District, Div. 1 STEIGER (LEE) v. STEIGER

(PAUL)


S229398 F068105 Fifth Appellate District PEOPLE v. SANDERS

(PHILLIP EUGENE)


S229402 STEWART (TRACY LEE) v.

SUPREME COURT OF

CALIFORNIA (PEOPLE)


S229403 E059952 Fourth Appellate District, Div. 2 TOPRAKJIAN (LUCY) v.

COUNTY OF RIVERSIDE


S229416 D065629 Fourth Appellate District, Div. 1 RAICEVIC (VLADIMIR) v.

GERACI (ALAN L.)



S229417 D065705 Fourth Appellate District, Div. 1 PEOPLE v. FRANKLIN

(ARON LAMONT)


S229418 TURNER (ANTHONY R.) v.

S.C. (PEOPLE)


S229419 B256285 Second Appellate District, Div. 3 PEOPLE v. ARCE (DANIEL)


S229421 C078455 Third Appellate District PEOPLE v. MASON (BRYCE

CAMERON)


S229433 H042556 Sixth Appellate District PASTORE (VINCENT) v. S.C.

(COUNTY OF SANTA CRUZ)


S229436 F068621 Fifth Appellate District PEOPLE v. SWAIN, JR.,

(RAYMOND)


S229437 B255902 Second Appellate District, Div. 7 PEOPLE v. FIELDS (KELVIN

DWAYNE)


S229441 B250163 Second Appellate District, Div. 3 COOPER (NANCY) v.

TAKEDA

PHARMACEUTICALS

AMERICA INC.



S229445 F071919 Fifth Appellate District ATLAS CRANE & RIGGING,

INC. v. WORKERS’


BOARD & GALLAHER

(DAVID)


S229450 F068072 Fifth Appellate District PEOPLE v. RODRIGUEZ

(ANTHONY MATTHEW)


S229455 H042563 Sixth Appellate District ARIAS (MARIO MARTINEZ)

v. S.C. (PEOPLE)


S229457 B258743 Second Appellate District, Div. 5 PEOPLE v. RATTLER

(JaJUAN)


S229458 D066945 Fourth Appellate District, Div. 1 IN RE SKYLAR G.


S229459 A142685 First Appellate District, Div. 5 IN RE L.A.


S229467 E060664 Fourth Appellate District, Div. 2 COPPINGER, JR., (JOSEPH)

v. RAWLINS (ROGELIO)


S229471 D065728 Fourth Appellate District, Div. 1 PEOPLE v. LEIPER

(EDWARD ISON)



S229473 F068228 Fifth Appellate District PEOPLE v. SHEPHERD, SR.,

(WILLIAM CHARLES)


S229474 B260998 Second Appellate District, Div. 3 IN RE V.R.


S229479 A146153 First Appellate District, Div. 5 GRAY (GREGORY LEE) v.

S.C. (PEOPLE)



COURT OF APPEAL, FIRST

APPELLATE DISTRICT

(PEOPLE)



COURT OF APPEAL, THIRD

APPELLATE DISTRICT

(PEOPLE)


S229485 B257959 Second Appellate District, Div. 8 PEOPLE v. CARTER (DEAN

ANTHONY)


S229490 B266526 Second Appellate District, Div. 1 GRANDBERRY (DWIGHT)

ON H.C.


S229495 E064353 Fourth Appellate District, Div. 2 DODD (TYLER W.) ON H.C.



S229513 F072216 Fifth Appellate District BILLINGS (CARSON) v. S.C.

(PEOPLE)


S229514 B264937 Second Appellate District, Div. 3 WASHINGTON (BONEETIO

KENTRO) v. S.C. (PEOPLE)


S229515 B266748 Second Appellate District, Div. 7 GEMINI ALUMINUM

CORPORATION v. S.C.

(HMA, INC.)


S229517 G050919/G050920 Fourth Appellate District, Div. 3 BENSHALOM (NIV) v. FIRST

HORIZON HOME LOANS


S229527 D067094 Fourth Appellate District, Div. 1 PEOPLE v. LAZARUS

(ARCHISON T.)


S229529 B261762 Second Appellate District, Div. 7 IN RE T.F.


S229530 A145899 First Appellate District, Div. 1 CALIFORNIA PIZZA

KITCHEN, INC. v. S.C.

(MUSE)


S229534 B247784 Second Appellate District, Div. 3 PEOPLE v. REYNOLDS

(HAISANI)



S229540 B256679 Second Appellate District, Div. 4 PEOPLE v. GRANT

(BRITTANY)


S225939 SALVADOR-TORRES

(MANUEL) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Villa (2009) 45 Cal.4th 1063,

1069-1076.)

S225950 WHITE (JACKIE D.) ON H.C.

Petition for writ of habeas corpus denied

S226537 VALENCIA (SAUL) ON H.C

The petition for writ of habeas corpus is denied. (See People v. Villa (2009) 45 Cal.4th 1063,

1069-1076.)

S227511 ODELL (RICHARD) 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 Clark (1993) 5 Cal.4th 750, 767-769; In re

Waltreus (1965) 62 Cal.2d 218, 225; In re Swain (1949) 34 Cal.2d 300, 304; In re Miller (1941)

17 Cal.2d 734, 735.)

S227633 HILL (KEVIN JEROME) ON

H.C.


In re Clark (1993) 5 Cal.4th 750, 767-769; In re Miller (1941) 17 Cal.2d 734, 735.)

S227635 METZ (ANTHONY GILES)

ON H.C.


S227637 BROWN (WILLIAM) ON H.C.

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


S227638 SMITH (KONOLUS) ON H.C.


S227704 FAULKNER (MICHAEL

JAMES) ON H.C.


S227738 MILLER (ULYSSES

GORDON) ON H.C.


S227928 BOYD (BOMANI LAWAN)

ON H.C.


S227945 HUNT (JAMES JAY) ON H.C.


S227990 BARRETT (JOHN THOMAS)

ON H.C.


S227991 DAVIS (FLOYD La’QUINCY)

ON H.C.


S227992 HIGHTOWER (TERRELL

GARY) ON H.C.


S227993 RICHARDSON (ERIN) ON

H.C.



S228032 OLIC (MILORAD) ON H.C.

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

S228033 OLIC (MILORAD) ON H.C.


S228066 SAIF’ULLAH (KHALIFAH

E.D.) ON H.C.


S228067 FARMER (A. DESHAUN) ON

H.C.


S228068 LUPERCIO (RAMON

NAVARRO) ON H.C.


In re Miller (1941) 17 Cal.2d 734, 735.)

S228119 GARCIA (RICHARD J.) ON

H.C.

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

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

S228121 LINSON (VAUGHN) ON H.C.


S228142 HAYES (HENRY C.) ON H.C.


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

S228143 MURGUIA (GREGORIO) ON

H.C.



S228175 RICHARD (LEON BILLY) ON

H.C.


S228180 JOHNSON (JOE RANDEL)

ON H.C.


S228199 BRAUN (BRUCE) ON H.C.


S228438 HENDERSON (RODNEY

WAYNE) ON H.C.


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

S228441 KARAFILI (ENVER) ON H.C.


S228442 BUCKLEY (BOBBY JOE) ON

H.C.

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

S228444 GONZALEZ (GEORGE A.)

ON H.C.


S228449 BARROSO (DENNIS J.) ON

H.C.


S228450 NORMAN (JAMES) ON H.C.



S228453 BENJAMIN (KENNETH

ANDREW) ON H.C.


S228458 McGINNIS (RAYMOND) ON

H.C.


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

S228459 JONES (TOBY) ON H.C.


S228464 INSIXIENGMAY (JAY) ON

H.C.


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

S228471 KIMBRO (RICHARD) ON

H.C.


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

S228480 MORGAN (JORGE) ON H.C.


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

S228482 JOHNSON (TEDDINO) ON

H.C.


S228487 REYNOLDS (FERDINAND)

ON H.C.



S228494 HICKMAN (OTIS) 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.)

S228495 SOLIS (SAMMY BRICENO)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Waltreus (1965) 62 Cal.2d 218, 225.)

S228496 SWAIN (TYRONE) ON H.C.


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

S228556 COFIELD (VINCENT E.) ON

H.C.


In re Clark (1993) 5 Cal.4th 750, 797-798; In re Miller (1941) 17 Cal.2d 734, 735; People v.

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

S228560 GURROLA (ADRIAN

FERNANDO) ON H.C.


S228881 LARKIN (SHONDEL LAMAR)

ON H.C.


S228933 YOUNG (HOWARD ALLEN)

ON H.C.


In re Clark (1993) 5 Cal.4th 750, 797-798; People v. Duvall (1995) 9 Cal.4th 464, 474; In re

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

S228942 McGINNIS (RAYMOND) ON

H.C.


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


S229360 AMBRIZ (SILVERIO) ON

H.C.


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


ON H.C.


In re Clark (1993) 5 Cal.4th 750, 797-798; In re Miller (1941) 17 Cal.2d 734, 735.)


ON H.C.


In re Clark (1993) 5 Cal.4th 750, 797-798.)

S229704 CHRISTOPHER (MICHAEL

ALEXANDER) ON H.C.


S229904 BUTLER (JOHN) ON H.C.


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

S229985 CARREON (LUIS) ON H.C.

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

925-926; People v. Duvall (1995) 9 Cal.4th 464, 474.)

S227750 A139411 First Appellate District, Div. 2 BUTLER (ROY) ON H.C.

Depublication request denied (case closed)

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

denied.

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

S228425 D064756 Fourth Appellate District, Div. 1 FURRH (GAIL K. & OTHAR

DEAN), MARRIAGE OF

Publication request denied (case closed)


S228735 B258042 Second Appellate District, Div. 3 KELLEHER (WILLIAM J.) v.

GLASSCOE (MARGARET T.)


S228880 C076119 Third Appellate District IN RE JOSHUA D.


S228997 B263759 Second Appellate District, Div. 2 IN RE MARIAH H.


S229075 B263246 Second Appellate District, Div. 7 E. (N.) v. S.C. (LOS ANGELES

COUNTY DEPARTMENT OF

CHILDREN & FAMILY

SERVICES)


S040704 PEOPLE v. JOHNSEN (BRIAN

DAVID)

Extension of time granted

Good cause appearing, and based upon Deputy Attorney General A. Kay Lauterbach’s

representation that the respondent’s brief is anticipated to be filed by May 2, 2016, counsel’s

request for an extension of time in which to file that brief is granted to December 29, 2015. After

that date, only two further extensions totaling about 124 additional days is contemplated.

S146528 PEOPLE v. SNYDER

(JANEEN MARIE) &

THORNTON (MICHAEL

FORREST)


On application of appellant Michael Thornton and good cause appearing, it is ordered that the

time to serve and file appellant’s opening brief is extended to December 28, 2015.


S146528 PEOPLE v. SNYDER

(JANEEN MARIE) &

THORNTON (MICHAEL

FORREST)


On application of appellant Janeen Marie Snyder and good cause appearing, it is ordered that the

time to serve and file appellant’s opening brief is extended to December 28, 2015.

S188961 PEOPLE v. ZANON (DAVID

CHARLES)


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 December 28, 2015.

S196994 BOOKER (RICHARD

LONNIE) ON H.C.


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

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

November 27, 2015, counsel’s request for an extension of time in which to file that document is

granted to November 30, 2015. After that date, no further extension is contemplated.

S216626 TOWNSEL (ANTHONY

LETRICE) ON H.C.


Good cause appearing, and based upon Supervising Deputy State Public Defender Evan Young’s

representation that the reply to the informal response to the petition for writ of habeas corpus is

anticipated to be filed by June 2, 2016, counsel’s request for an extension of time in which to file

that document is granted to December 29, 2015. After that date, only three further extensions

totaling about 157 additional days will be granted.

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 November 25, 2015.


S221519 CÁSARES (JOSÉ) ON H.C.


Good cause appearing, and based upon Deputy Attorney General David A. Lowe’s representation

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

February 24, 2016, counsel’s request for an extension of time in which to file that document is

granted to December 28, 2015. After that date, only one further extension totaling about 60

additional days is contemplated.

S221958 E054056 Fourth Appellate District, Div. 2 PEOPLE v. CANIZALES

(MICHAEL RAFAEL)


On application of appellant Michael Canizales and good cause appearing, it is ordered that the

time to serve and file the reply brief on the merits is extended to December 4, 2015.

S223425 COX (JOHN ALLEN) ON H.C.


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

the informal response is extended to November 2, 2015.

S224701 LEWIS, SR., (KEITH ALLEN)

ON H.C.


Good cause appearing, and based upon counsel Pamala Sayasane’s representation that the reply to

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

October 3, 2016, counsel’s request for an extension of time in which to file that document is

granted to December 18, 2015. After that date, only five further extensions totaling about 290

additional days are contemplated.

S227393 D064133 Fourth Appellate District, Div. 1 KABRAN (BERTHE

FELICITE) v. SHARP

MEMORIAL HOSPITAL



the answer brief on the merits is extended to November 25, 2015.


S228049 D060969 Fourth Appellate District, Div. 1 PEOPLE v. WHITE (BILLY

CHARLES)



the opening brief on the merits is extended to December 29, 2015.

No further extension of time will be granted.

S228642 E061754 Fourth Appellate District, Div. 2 PEOPLE v. S.C. (MORALES)


On application of real party in interest and good cause appearing, it is ordered that the time to

serve and file the opening brief on the merits is extended to November 30, 2015.

S227665 C075352 Third Appellate District PEOPLE v. FISCH (SEAN

MICHAEL)

Counsel appointment order filed

Upon request of appellant for appointment of counsel, John Schuck is hereby appointed to

represent appellant on the appeal now pending in this court.

S228198 PEOPLE v. NASH (KATILA

ANN JEAN)


Upon request of appellant Katila Ann Jean Nash for appointment of counsel, Madeline McDowell

is hereby appointed to represent appellant on the appeal now pending in this court.

S228198 PEOPLE v. NASH (KATILA

ANN JEAN)


Upon request of appellant David Deshawn Moses for appointment of counsel, Jeffrey Kross is

hereby appointed to represent appellant on the appeal now pending in this court.

S228932 B256036 Second Appellate District, Div. 6 PEOPLE v. SMITH (DAVID)


Upon request of appellant for appointment of counsel, Nancy Tetreault is hereby appointed to

represent appellant on the appeal now pending in this court.


S073823 PEOPLE v. BUENROSTRO

(DORA)

Motion for access to sealed record granted

On the court’s own motion, the Clerk is directed to unseal the following portion of the sealed

record on appeal and make it part of the public record: Riverside County Case No. Case

M-17194, Sealed Reporter’s Transcript Volumes 1-5, pages 1-1226.

S009141 PEOPLE v. JONES (JEFFREY

GERARD)

Order filed

At the request of Attorney Joseph Schlesinger, the “Petition for Writ of Habeas Corpus” received

on July 24, 2015, is withdrawn, and the Clerk is directed to return it and the exhibits received on

that date to Attorney Schlesinger. The Clerk is further directed to file (1) the “Petition for Writ of

Habeas Corpus,” and (2) the “Exhibits in Support of Petition for Writ of Habeas Corpus,”

received on September 18, 2015, submitted by Attorney Michael R. Snedeker.

S016883 PEOPLE v. MASTERS

(JARVIS)

Order filed

Masters’s “Request for Judicial Notice,” filed October 23, 2015, is denied.

The Clerk is directed to file Masters’s supplemental brief, received October 26, 2015. If

respondent chooses to submit a supplemental brief, it must not exceed 2800 words and must be

served and filed within 14 days of this order; any supplemental reply thereto must not exceed

1400 words and must be served and filed by Masters within 7 days thereafter. The provisions of

California Rules of Court, rule 8.25(b)(3) will not apply.

Although this case is scheduled to be argued on November 3, 2015, the matter will be submitted

on the date that the last supplemental brief is or could be timely filed under this order or any

subsequent order of this court. (See California Rules of Court, rule 8.524(h)(1).)

S218247 LANCASTER (MARCUS) ON

H.C.

Order filed

Petitioner’s application for relief from default filed on October 26, 2015, is granted.

S220936 A138642 First Appellate District, Div. 1 GALEN (SCOTT) v. REDFIN

CORPORATION

Order filed

The order dismissing review in the above-entitled matter, filed on September 30, 2015, is vacated

nunc pro tunc.


S227938 PEOPLE v. GARCIA (ERIC

GEOVANIE)

Order filed

The order filed on October 20, 2015, appointing J. Courtney Shevelson to represent appellant

Samuel David Navarro is hereby vacated.

S225391 CARLE (ERIC BRENDAN)

ON H.C.

Motion to file document under seal denied

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

September 8, 2105, 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 and the “Exhibits in Support of

the Informal Response,” lodged conditionally under seal in this court on June 15, 2015, to

respondent, unless respondent notifies the clerk in writing within 10 days after the date of this

order that the Informal Response and the lodged exhibits are to be filed as part of the public

record. (See Cal. Rules of Court, rule 8.46(d)(7).)

S229266 McGEE (JAMES LEE) v. S.C.

(McGEE)

Transferred to Court of Appeal, Second Appellate District

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

S229491 DANIELS (MICHAEL) v. S.C.

(PEOPLE)

Transferred to Court of Appeal, Second Appellate District

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

consideration in light of Hagan v. Superior Court (1962) 57 Cal.2d 767. In the event the Court of

Appeal determines that this petition is substantially identical to a prior petition, the repetitious

petition must be denied.

S229151 ACCUSATION OF GLAUDE

Petition denied (accusation)

S229516 ACCUSATION OF LACY

Petition denied (accusation)


S227680 BOLANOS ON DISCIPLINE

Petition for review denied; recommended discipline imposed

The petition for review is denied. The Court orders that ALDON LOUIS BOLANOS, State Bar

number 233915, is suspended from the practice of law in California for one year, execution of that

period of suspension is stayed, and he is placed on probation for two years subject to the

following conditions:

1. ALDON LOUIS BOLANOS is suspended from the practice of law for the first 90 days of

his probation.

2. ALDON LOUIS BOLANOS must comply with the provisions of the State Bar Act, the

Rules of Professional Conduct, and all of the conditions of his probation.

3. Within 10 days of any change in the information required to be maintained on the

membership records of the State Bar pursuant to Business and Professions Code section

6002.1, subdivision (a), including his current office address and telephone number, or if no

office is maintained, the address to be used for State Bar purposes, he must report such

change in writing to the Membership Records Office and the State Bar Office of Probation.

4. Within 30 days after the effective date of discipline, he must contact the Office of Probation

and schedule a meeting with his assigned probation deputy to discuss the terms and

conditions of probation. Upon the direction of the Office of Probation, he must meet with

the probation deputy either in person or by telephone. During the period of probation, he

must promptly meet with the probation deputy as directed and upon request.

5. Subject to the assertion of applicable privileges, he must answer fully, promptly, and

truthfully any inquiries of the Office of Probation that are directed to him personally or in

writing, relating to whether he is complying or has complied with the conditions contained

herein.

6. He must submit written quarterly reports to the Office of Probation on each January 10,

April 10, July 10, and October 10, of the period of probation. Under penalty of perjury, he

must state whether he has complied with the State Bar Act, the Rules of Professional

Conduct, and all of the conditions of probation during the preceding calendar quarter. In

addition to all quarterly reports, a final report, containing the same information, is due no

later than 20 days before the last day of the probation period and no later than the last day of

the probation period.

7. Within one year after the effective date of the discipline herein, he must submit to the Office

of Probation satisfactory evidence of completion of the State Bar’s Ethics School and the

State Bar’s Client Trust Accounting School and passage of the tests given at the end of those

sections. This requirement is separate from any Minimum Continuing Legal Education

(MCLE) requirement, and he shall not receive MCLE credit for attending Ethics and Client

Trust Accounting rules. (Rules Proc. of State Bar, rule 3201.)

8. The period of probation will commence on the effective date of this order. At the expiration

of the period of probation, if he has complied with all conditions of probation, the period of

stayed suspension will be satisfied and that suspension will be terminated.


ALDON LOUIS BOLANOS must also take the Multistate Professional Responsibility

Examination within one year after the effective date of this order and provide satisfactory proof of

such passage to the State Bar’s Office of Probation within the same period. Failure to do so may

result in automatic suspension. (Cal. Rules of Court, rule 9.10(b).)

ALDON LOUIS BOLANOS must also comply with the California Rules of Court, rule 9.20, and

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

respectively, after the effective date of this order. Failure to do so may result in disbarment or

suspension.

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

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

and is a money judgment.

S228803 FRIEDMAN ON DISCIPLINE

Petition for review denied; recommended discipline imposed

The petition for review is denied. The court orders that NATHANIEL JAY FRIEDMAN, State

Bar Number 33135, is suspended from the practice of law in California for two years, execution

of that period of suspension is stayed, and he is placed on probation for two years subject to the

following conditions:

1. NATHANIEL JAY FRIEDMAN is suspended from the practice of law for the first sixty

days of probation;

2. NATHANIEL JAY FRIEDMAN must comply with the other conditions of probation

recommended by the Hearing Department of the State Bar Court in its Decision filed on

July 1, 2015; and

3. At the expiration of the period of probation, if NATHANIEL JAY FRIEDMAN has

complied with all conditions of probation, the period of stayed suspension will be satisfied

and that suspension will be terminated.

NATHANIEL JAY FRIEDMAN must also take and pass the Multistate Professional

Responsibility Examination within one year after the effective date of this order and provide

satisfactory proof of such passage to the State Bar’s Office of Probation in Los Angeles within the

same period. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)



and as a money judgment.

S228764 BERGLUND ON DISCIPLINE

Request for rehearing of State Bar discipline denied – GEORGE DARRELL BERGLUND


S226441 BEELER ON RESIGNATION

Resignation accepted with disciplinary proceeding pending

The voluntary resignation with charges pending of GARY BRETT BEELER, State Bar Number

87871, as a member of the State Bar of California is accepted. If GARY BRETT BEELER

subsequently seeks reinstatement, the State Bar may consider all disciplinary charges that are

currently pending against him.

GARY BRETT BEELER must also comply with rule 9.20 of the California Rules of Court and


respectively, after the effective date of this order. Failure to do so may be considered in any

future reinstatement proceeding.




S226969 MORRIS ON RESIGNATION


The voluntary resignation with charges pending of EDWARD AUSTIN MORRIS, State Bar

Number 72014, as a member of the State Bar of California is accepted. If EDWARD AUSTIN

MORRIS subsequently seeks reinstatement, the State Bar may consider all disciplinary charges

that are currently pending against him.

EDWARD AUSTIN MORRIS must also comply with rule 9.20 of the California Rules of Court

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

days, respectively, after the effective date of this order. Failure to do so may be considered in any





S227064 HERNANDEZ ON

RESIGNATION


The voluntary resignation with charges pending of FERNANDO V. HERNANDEZ, State Bar

Number 40498, as a member of the State Bar of California is accepted. If FERNANDO V.

HERNANDEZ subsequently seeks reinstatement, the State Bar may consider all disciplinary

charges that are currently pending against him.


FERNANDO V. HERNANDEZ must also comply with rule 9.20 of the California Rules of Court







S227065 NADASI ON RESIGNATION


The voluntary resignation with charges pending of LESLIE FERENC NADASI, State Bar

Number 81237, as a member of the State Bar of California is accepted. If LESLIE FERENC

NADASI subsequently seeks reinstatement, the State Bar may consider all disciplinary charges

that are currently pending against him.

LESLIE FERENC NADASI must also comply with rule 9.20 of the California Rules of Court and







S227068 NOLAN ON RESIGNATION

Resignation declined

This court, having considered the request, declines to accept the voluntary resignation with

charges pending of MARY ALICE NOLAN, State Bar Number 108907, as a member of the State

Bar of California. (Cal. Rules of Court, rule 9.21(d).) MARY ALICE NOLAN remains on

inactive status. (Cal. Rules of Court, rule 9.21(a).) She may move the State Bar Court to be

restored to active status, at which time the Office of the Chief Trial Counsel may demonstrate any

basis for her continued ineligibility to practice law. The State Bar Court will expedite the

resolution of any request by MARY ALICE NOLAN to be restored to active status. Any return to

active status will be conditioned on MARY ALICE NOLAN’s payment of any dues, penalty

payments, and restitution owed by her. The underlying disciplinary matter should proceed

promptly.


S227184 WRIGHT ON RESIGNATION


The voluntary resignation with charges pending of DENNIS LYNN WRIGHT, State Bar Number

60210, as a member of the State Bar of California is accepted. If DENNIS LYNN WRIGHT



DENNIS LYNN WRIGHT must also comply with rule 9.20 of the California Rules of Court and







S227854 ATKIN ON RESIGNATION


The voluntary resignation with charges pending of JEROME WILLIAM ATKIN, State Bar

Number 105356, as a member of the State Bar of California is accepted. If JEROME WILLIAM

ATKIN subsequently seeks reinstatement, the State Bar may consider all disciplinary charges that

are currently pending against him.

JEROME WILLIAM ATKIN must also comply with rule 9.20 of the California Rules of Court







S228036 ADLER ON RESIGNATION

Resignation declined

This court, having considered the request, declines to accept the voluntary resignation with

charges pending of JACK ISRAEL ADLER, State Bar Number 97380, as a member of the State

Bar of California. (Cal. Rules of Court, rule 9.21(d).) He remains on inactive status. (Cal. Rules

of Court, rule 9.21(a).) He may move the State Bar Court to be restored to active status, at which

time the Office of the Chief Trial Counsel may demonstrate any basis for his continued

ineligibility to practice law. The State Bar Court will expedite the resolution of any request by

JACK ISRAEL ADLER to be restored to active status. Any return to active status will be

conditioned on JACK ISRAEL ADLER’s payment of any dues, penalty payments, and restitution

owed by him. The underlying disciplinary matter should proceed promptly.


S228038 ANDERSON ON

RESIGNATION


The voluntary resignation with charges pending of DANIEL DEON ANDERSON, State Bar

Number 224878, as a member of the State Bar of California is accepted. If DANIEL DEON

ANDERSON subsequently seeks reinstatement, the State Bar may consider all disciplinary

charges that are currently pending against him.

DANIEL DEON ANDERSON must also comply with rule 9.20 of the California Rules of Court







S228040 GROVES ON RESIGNATION


The voluntary resignation with charges pending of MICHAEL KING GROVES, State Bar

Number 110645, as a member of the State Bar of California is accepted. If MICHAEL KING

GROVES subsequently seeks reinstatement, the State Bar may consider all disciplinary

proceedings that are currently pending against him.

MICHAEL KING GROVES must also comply with rule 9.20 of the California Rules of Court and







S228786 SILVOLA ON RESIGNATION


The voluntary resignation with charges pending of ANDRE KEITH SILVOLA, State Bar Number

109154, as a member of the State Bar of California is accepted. If ANDRE KEITH SILVOLA




ANDRE KEITH SILVOLA must also comply with rule 9.20 of the California Rules of Court and







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. 1,226)

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.)

B262529 Second Appellate District, Div. 1 PETIKYAN (SUSANA) v. ELK

ST. PROPERTIES

The above-entitled matter, now pending in the Court of Appeal, Second Appellate District, is

transferred from Division One to Division Two.

B264055 Second Appellate District, Div. 2 ROUTE 66 CPAS, LLC v.

GLENDORA COURTYARD,

LLC


transferred from Division Two to Division One.

B265521 Second Appellate District PEOPLE v. N.C.


transferred to the Court of Appeal, First Appellate District.

Documents

SUPREME COURT MINUTES WEDNESDAY, OCTOBER 28, 2015 …