supreme court minutes: wednesday, july 10, 2019

955

SUPREME COURT MINUTES

WEDNESDAY, JULY 10, 2019

SAN FRANCISCO, CALIFORNIA

S127621 PEOPLE v. ERSKINE (SCOTT

THOMAS)

Rehearing denied

The petition for review is denied.

Kruger, J., was absent and did not participate.

S255371 B290589 Second Appellate District, Div. 6 PEOPLE v. MAYA (MISAEL

VENCES)

Petition for review granted

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

S245203 D072171 Fourth Appellate District, Div. 1 FACEBOOK, INC. v. S.C.

(TOUCHSTONE)

Supplemental briefing ordered

Pursuant to Evidence Code sections 459, subdivision (c), and 455, subdivision (a), this court

contemplates taking judicial notice of the underlying preliminary hearing transcript of

September 29, 2016, and related exhibits. Pursuant to California Rules of Court, rule 8.46(f)(3),

this court contemplates unsealing the April 21, 2017, declaration and related exhibits (quoting

from and presenting copies of public social media posts and conditionally confidential probation

reports) on the ground that access by petitioner Facebook, Inc., and intervenor San Diego County

District Attorney is necessary to fairly address and resolve whether the underlying subpoena’s

request for private and restricted social media communications is supported by good cause.

With regard to both items described above, each party shall serve and file a brief by July 24, 2019,

addressing the prospect of this court taking such judicial notice, the prospect of such unsealing,

and the scope of any such unsealing. Any party may serve and file a response brief within 14

days of the timely filing of the above-described briefs.

After this court receives and considers the briefing contemplated above, it may direct the parties

to brief whether the underlying subpoena is supported by good cause, and if not, what if any

further proceedings concerning the adequacy of the subpoena should occur before the trial court.


SAN FRANCISCO JULY 10, 2019 956

S255431 B279396 Second Appellate District, Div. 3 PEOPLE v. CLARK

(MARKESE DEWON)

Petition for review granted; briefing deferred

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

and disposition of related issues in People v. Perez, S248730 (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.



S255592 B286803/B287202 Second Appellate District, Div. 1 PEOPLE v. MOUNTFORD

(DAVID GORDON)



and disposition of related issues in People v. Jimenez, S249397 (see Cal. Rules of Court, rule





S255605 D073554 Fourth Appellate District, Div. 1 PEOPLE v. DAVIS (ERIC

LEWIS)



and disposition of a related issue in People v. Aledamat, S248105 (see Cal. Rules of Court, rule





S255610 B289192 Second Appellate District, Div. 2 ZAKARYAN (ARTHUR) v.

THE MEN’S WEARHOUSE,

INC.


The applications to appear pro hac vice are granted.

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

and disposition of a related issue in Z.B., N.A. v. Superior Court (Lawson), S246711 (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.



S255628 B287487 Second Appellate District, Div. 6 IN RE J.G.



and disposition of related issues in In re Ricardo P., S230923, and People v. Trujillo, S244650

(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.



S255686 B290706 Second Appellate District, Div. 5 PEOPLE v. WILLIAMS

(ADRIAN DEMETRIUS)



and disposition of a related issue in People v. Frahs, S252220 (see Cal. Rules of Court, rule





S255764 A156913 First Appellate District, Div. 4 CHAMBERS (JOHN) v. S.C.

(REDWOOD CITY)



and disposition of Stancil v. S.C. (Redwood City), S253783 (see Cal. Rules of Court, rule






S255781 A156914 First Appellate District, Div. 4 FLEMING (WILLIAM

MICHAEL) v. S.C.

(REDWOOD CITY)



and disposition of Stancil v. S.C. (Redwood City), S253783 (see Cal. Rules of Court, rule





S255889 E069417 Fourth Appellate District, Div. 2 PEOPLE v. DUDZINSKY

(MICHAEL WALTER)



and disposition of a related issue in People v. Aledamat, S248105 (see Cal. Rules of Court, rule





S255969 A151633/A152252/A153624

First Appellate District, Div. 4 BURCH (MICHAEL B.) v.

CERTAINTEED

CORPORATION


The petition for review is granted only as to the following issue: Does Civil Code section 1431.2,

which limits a defendant’s liability for noneconomic damages “in direct proportion to that

defendant’s percentage of fault,” eliminate an intentional tortfeasor’s joint and several liability for

noneconomic damages?

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

B.B. v. County of Los Angeles, S250734 (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.




S256066 C079671 Third Appellate District PEOPLE v. MERCADO

(EMANUEL MONTALVO)



and disposition of related issues in People v. Orozco, S249495 (see Cal. Rules of Court, rule





S256081 B284886 Second Appellate District, Div. 6 PEOPLE v. KNIGHT, JR.,

(LEON)



and disposition of a related issue in People v. Frahs, S252220 (see Cal. Rules of Court, rule





S256136 A148863 First Appellate District, Div. 3 STROUSE (JAMES) v.

WEBCOR CONSTRUCTION,

L.P. (ACCO ENGINEERED

SYSTEMS)



and disposition of related issues in Sandoval v. Qualcomm, Inc., S252796 and Gonzalez v. Mathis,

S247677 (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.



S243964 PUCKETT (JEREMY

PHILLIP) ON H.C.

Order to show cause issued, returnable in Superior Court

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


cause before the Sacramento County Superior Court, when the matter is placed on calendar, why

relief should not be granted on the grounds that the prosecution withheld material exculpatory

evidence from the defense (see Brady v. Maryland (1963) 373 U.S. 83), that trial counsel’s failure

to introduce exculpatory statements by prosecution witness Israel Sept violated petitioner’s right

to the effective assistance of counsel, and that petitioner has come forward with new evidence that

he is innocent of the charges (see Pen. Code, § 1473, subd. (b)(3)(A)). The return must be served

and filed on or before August 9, 2019.



S255381 THOMAS (DENISE) v.

THOMAS (GARY EVERETT)

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

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

Appellate District, Division P, for further proceedings in light of its letter to this court dated

June 20, 2019.



S255566 D075671 Fourth Appellate District, Div. 1 BRACAMONTES (MANUEL)

v. S.C. (PEOPLE)

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

One, with directions to issue an order to show cause

The petition for review is granted and the matter is transferred to the Court of Appeal, Fourth

Appellate District, Division One, with instructions to vacate its order denying the petition for writ

of mandate and to issue an order to show cause before that court when the matter is placed on

calendar why the relief sought in the petition should not be granted on the ground that private

individuals and entities working on criminal cases at the behest and under the direction of law

enforcement are subject to the discovery provisions of Penal Code section 1054.9 and the

preservation obligations described in People v. Superior Court (Morales) (2017) 2 Cal.5th 523.



S256165 C088611 Third Appellate District CABRERA (MIGUEL) ON

H.C.

Petition for review granted; transferred to Court of Appeal, Third Appellate District, with

directions to issue an order to show cause

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


Appellate District. That court is ordered to vacate its summary denial dated May 30, 2019, and is

further ordered to issue an order to show cause, returnable before the Siskiyou County Superior

Court. The Secretary of the Department of Corrections and Rehabilitation is to be ordered to

show cause, when the matter is placed on calendar, why petitioner is not entitled to dismissal of

the great bodily injury finding and the resulting five-year serious felony enhancement (see Pen.

Code, § 667, subd. (a)(1)), based on his claim of ineffective assistance of appellate counsel. (See

Apprendi v. New Jersey (2000) 530 U.S. 466; Blakely v. Washington (2004) 542 U.S. 296;

Cunningham v. California (2007) 549 U.S. 270.)



S255268 A152048 First Appellate District, Div. 1 WALKER (ANNE) v. MARIN

MUNICIPAL WATER

DISTRICT

Petition for review denied


S255297 C080396 Third Appellate District PEOPLE v. SAETERN

(NATHAN)



S255310 B282446 Second Appellate District, Div. 3 PEOPLE v. DURAN (JOSEPH

ALFONSO)


The request for judicial notice is granted.


S255409 B282869 Second Appellate District, Div. 2 PEOPLE v. MATHIS

(GERALD PATRICK)



S255446 H042694 Sixth Appellate District PEOPLE v. CAHILL

(MICHAEL JOSEPH)




S255448 B291549 Second Appellate District, Div. 3 CLARK (MARKESE DEWON)

ON H.C.



S255457 C077560 Third Appellate District PEOPLE v. LAKE (JACOB

SCOTT)



S255458 A152350 First Appellate District, Div. 5 PEOPLE v. FAIRBANKS

(BYRON McCORD)



S255461 H044430 Sixth Appellate District PEOPLE v. BUI (THAM)



S255465 F078739 Fifth Appellate District PEOPLE v. ANDERSON

(DANNY MUNDALL)


Petitioner’s request for judicial notice, filed on April 29, 2019, is denied.

Petitioner’s requests for judicial notice, filed on June 7, 2019, June 13, 2019, and June 20, 2019,

are granted.

The Attorney General’s request for judicial notice, filed on May 30, 2019, is granted.


S255491 B284515 Second Appellate District, Div. 5 PEOPLE v. ORNELAS

(ERNESTO)



S255503 F078873 Fifth Appellate District HAMILTON (PAUL C.) v. S.C.

(CABRAL)

The petition for review is denied without prejudice to a renewed challenge after the Fresno

County Superior Court disposes of the issue whether conducting the trial telephonically will

provide Hamilton with meaningful access to the courts.



S255515 B290057 Second Appellate District, Div. 8 PEOPLE v. CHAMAGUA

(RALPH R.)



S255519 MURRELL, JR., (ANTONY T.)

v. S.C.

Petition for writ of certiorari denied


S255532 F074704 Fifth Appellate District NIETO (DANIEL) v. FRESNO

BEVERAGE COMPANY, INC.

Petition for review & depublication request(s) denied

Petitioner’s request for judicial notice is granted.

Petitioner’s unopposed request, filed June 4, 2019, to withdraw the petition for review is granted.

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

denied.

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

S255545 D073467 Fourth Appellate District, Div. 1 PEOPLE v. PEDERSEN

(VINCENT FRANK)



S255548 G055674 Fourth Appellate District, Div. 3 PEOPLE v. CARRUTHERS

(JAMES B.)


The request for judicial notice is granted.


S255552 B286186 Second Appellate District, Div. 6 PEOPLE v. SARWARY

(HAMIDULLAH)




S255573 B284691 Second Appellate District, Div. 8 PEOPLE v. WILSON (ROSIE

LEE)



S255596 G054707 Fourth Appellate District, Div. 3 PEOPLE v. ROGERS

(RONALD ARTHUR)



S255603 A142818 First Appellate District, Div. 4 LONG (DANIEL) v. FORTY

NINERS FOOTBALL

COMPANY, LLC



S255612 B280163 Second Appellate District, Div. 2 PEOPLE v. LINARES (JIMMY

S.)



S255617 A154389 First Appellate District, Div. 5 IN RE J.C.



S255627 H045622 Sixth Appellate District PEOPLE v. SPRADLIN

(JEFFREY)



S255633 A151544 First Appellate District, Div. 2 PEOPLE v. CAPANIS

(MATTHEW JOHN)



S255642 B284286 Second Appellate District, Div. 1 PEOPLE v. JONES

(TERRELL)




S255644 E066230 Fourth Appellate District, Div. 2 ALKAYALI (AHMAD) v.

BOUKHARI (FATMA)

Petition for review & publication request(s) denied


S255649 A152525 First Appellate District, Div. 4 PEOPLE v. MORALES

(ADRIAN ANTONIO)



S255650 H044953 Sixth Appellate District JACKPOT HARVESTING,

INC. v. APPLIED

UNDERWRITERS, INC.



S255657 B276258 Second Appellate District, Div. 3 PEOPLE v. RAOUF (JOSEPH

PIERRE)



S255663 G057559 Fourth Appellate District, Div. 3 PEOPLE v. S.C. (S.G.)

The petition for review is denied. The stay previously issued by this court is dissolved.


S255664 B290757 Second Appellate District, Div. 2 PEOPLE v. POTTS

(TIMOTHY)



S255678 B287979 Second Appellate District, Div. 8 PEOPLE v. BORNEY

(MARQUES M.)




S255693 G057609 Fourth Appellate District, Div. 3 ARAMBULA (ALLEN) v. S.C.

(IRVINE UNIFIED SCHOOL

DISTRICT)



S255697 B285102 Second Appellate District, Div. 7 PEOPLE v. LAWRENCE

(HERBERT)



S255728 B285307 Second Appellate District, Div. 5 PEOPLE v. REED (VINIQUIA)



S255733 D074716 Fourth Appellate District, Div. 1 PEOPLE v. REDD, JR.,

(KELVIN LEYMON)

Petitions for review denied

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


S255734 F075910 Fifth Appellate District PEOPLE v. ANDRADE

(LEONARDO)



S255735 B285683 Second Appellate District, Div. 3 PEOPLE v. CORONADO

(MICHAEL A.)



S255740 A153351 First Appellate District, Div. 5 VELARDE (JOAN) v. TRICOR

AMERICA, INC.




S255745 H046376 Sixth Appellate District O. (A.) v. S.C. (PEOPLE)



S255748 C089305 Third Appellate District PEOPLE v. ROGERS

(D’ANGELO)



S255762 D072569 Fourth Appellate District, Div. 1 BENNETT (PAMELA) v.

BANK OF AMERICA, N.A.;

DEUTSCHE BANK

NATIONAL TRUST

COMPANY


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


S255768 B284623 Second Appellate District, Div. 2 HEDER (TYSON) v. CITY OF

LOS ANGELES



S255785 A156872 First Appellate District, Div. 5 HIPOLITO (MIGUEL) v.

APPELLATE DIVISION

(PEOPLE)



S255794 C083665 Third Appellate District PEOPLE v. REIMER

(MICHAEL LAWSON)



S255800 D074896 Fourth Appellate District, Div. 1 PEOPLE v. VANDERWOOD

(MICHAEL LAMAR)




S255806 H044623 Sixth Appellate District PEOPLE v. HERBST (CORY)



S255808 G056414 Fourth Appellate District, Div. 3 UPTOWN NEWPORT

JAMBOREE, LLC v.

NEWPORT FAB, LLC



S255811 C087461 Third Appellate District PEOPLE v. PARRISH

(JOSHUA THOMAS)



S255853 B296804 Second Appellate District, Div. 6 PENA (MIGUEL) v.

WORKERS’

COMPENSATION APPEALS

BOARD; AQUA SYSTEMS



S255857 B293326 Second Appellate District, Div. 5 PEOPLE v. KING

(ANTHONY)



S255863 B295402 Second Appellate District, Div. 4 CITY OF LAGUNA BEACH

POLICE DEPARTMENT v.

WORKERS’

COMPENSATION APPEALS

BOARD & WALLOCH

(GREG)



S255867 B277387 Second Appellate District, Div. 3 PEOPLE v. JACKSON

(MARQUISE)




S255870 D073491 Fourth Appellate District, Div. 1 DUDEK (DAVID) v. DUDEK

(ANNE KEBISEK)



S255878 G054958 Fourth Appellate District, Div. 3 PEOPLE v. OCAMPO

(BRYAN)



S255894 D072674 Fourth Appellate District, Div. 1 JOHNSON III (ROBERT T.) v.

OCEAN 6 RS, LLC



S255900 A147103/A147379 First Appellate District, Div. 4 PEOPLE v. EDWARDS

(ANTONIO)

Petition for review & depublication request(s) denied


S255912 B286628 Second Appellate District, Div. 4 HAN REALTY

CORPORATION v. BANK OF

AMERICA


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


S255916 A149546 First Appellate District, Div. 2 PEOPLE v. ANDERSON

(SONNY JOSEPH)



S255924 B279575 Second Appellate District, Div. 3 MERUELO (BELINDA) v.

EAST WEST BANK




S255934 B287728 Second Appellate District, Div. 4 WEBRE (KEVIN) v. OCWEN

LOAN SERVICING, INC.



S255940 G054989 Fourth Appellate District, Div. 3 STENNETT (JACQUELINE) v.

MILLER (DANAE MARIE)



S255964 D074666 Fourth Appellate District, Div. 1 PEOPLE v. ANDERSON

(GEORGE)



S255975 B283984 Second Appellate District, Div. 8 AARONSON (ARTHUR) v.

HESHMATI (NADIA)



S255980 E069940 Fourth Appellate District, Div. 2 PEOPLE v. GONZALEZ

(TROY ANGELO)



S255982 F073236 Fifth Appellate District PEOPLE v. ENRIQUEZ

(EMILIANO ISIDRO)



S255987 D073336 Fourth Appellate District, Div. 1 PEOPLE v. DIXON, JR.,

(BENNIE WILLIE)




S255990 B286984 Second Appellate District, Div. 1 PEOPLE v. SHELLEY

(LEROY JOSEPH)



S255991 C089256 Third Appellate District PEOPLE v. WELLS

(EMMANUEL)



S255993 G057123 Fourth Appellate District, Div. 3 LAUN (MARK) ON H.C.



S255995 H046915 Sixth Appellate District COLLIER (JOE ROBERT) ON

H.C.



S255997 B288253 Second Appellate District, Div. 4 PEOPLE v. HUFF (AKIRIA

CLARICE)



S255998 E068742 Fourth Appellate District, Div. 2 PEOPLE v. IBARRA

(EMANUEL LOPEZ)



S256006 B297474 Second Appellate District, Div. 1 COLE (ANGELA

ROCHELLE) ON H.C.



S256007 C086762 Third Appellate District PEOPLE v. REDMOND

(CESARE)




S256009 E070102 Fourth Appellate District, Div. 2 PEOPLE v. BRADLEY

(MARLON RENE)



S256010 C084267 Third Appellate District PEOPLE v. SMITH (TYRONE

RAYMOND)



S256011 B288687 Second Appellate District, Div. 4 YOUSSEF (ASHRAF) v.

SIDHOM (OSAMA)



S256013 B287928 Second Appellate District, Div. 4 PEOPLE v. DREW (DONTE)



S256020 H045672 Sixth Appellate District IN RE R.I.



S256024 B291008 Second Appellate District, Div. 6 BRENNER (BARRY) v.

COMMUNITY MEMORIAL

HEALTH SYSTEMS, INC.


The application of petitioner to file the unredacted petition for review under seal is granted. (Cal.

Rules of Court, rules 2.550(d); 8.46(b).) In ordering the sealing, this court makes the findings

required by California Rules of Court, rules 2.550(d) and 8.46(d)(6). The clerk of this court is

directed to file the unredacted petition for review under seal.


S256026 B290094 Second Appellate District, Div. 5 PEOPLE v. GARAY (JOSE E.)




S256028 B290826 Second Appellate District, Div. 1 PEOPLE v. STOLDEN

(ROOSEVELT)



S256034 E069548 Fourth Appellate District, Div. 2 PEOPLE v. CORDOVA

(JOSHUA ANDREW)



S256037 B297265 Second Appellate District, Div. 7 ALLEN (KEVIN ) ON H.C.



S256040 F077679 Fifth Appellate District LUNA (OSCAR) v. DE SANTIS

(PIETRO)



S256045 A148396/A148501/A150463/A151849

First Appellate District, Div. 1 STEWART (PATRICIA),

ESTATE OF



S256049 E070715 Fourth Appellate District, Div. 2 PEOPLE v. CHAVEZ

(ALBERTO RAY)



S256050 C081113 Third Appellate District PEOPLE v. TAYLOR

(JOVANTE)




S256051 E068933 Fourth Appellate District, Div. 2 PEOPLE v. WINSTON

(MYOHO)



S256052 HIRAMANEK (RODA) v.

COURT OF APPEAL, THIRD

APPELLATE DISTRICT

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


S256062 B291449 Second Appellate District, Div. 6 PEOPLE v. CHOUEST, JR.,

(WILSON CLAUDE)



S256063 A156813 First Appellate District, Div. 4 BARRETT (JOHN THOMAS)

ON H.C.


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


S256083 B281901 Second Appellate District, Div. 8 PEOPLE v. WASHINGTON

(VINCENT)



S256084 A153306 First Appellate District, Div. 5 PEOPLE v. WINN (RONNIE)



S256086 B297496 Second Appellate District, Div. 6 RODRIGUEZ (RUBEN

DANIEL) ON H.C.




S256089 SANTANA (ANDRES) v. S.C.

(PEOPLE)

Petition for writ of mandate/prohibition denied


S256090 C085116 Third Appellate District PEOPLE v. WARREN

(KATRINA ADRIANE)



S256094 H045891 Sixth Appellate District IN RE DAVID C.



S256103 C083896 Third Appellate District PEOPLE v. SILVA (AARON

ROJAS)



S256107 A154348 First Appellate District, Div. 3 CRAWLEY (MARCUS) v.

CITY OF OAKLAND



S256112 HSU (JOHN) v. CITY OF

BERKELEY



S256116 B289571 Second Appellate District, Div. 4 PEOPLE v. SANDOVAL

(CARLOS)



S256118 B294618 Second Appellate District, Div. 4 SANDOVAL (CARLOS) ON

H.C.




S256119 ESCALANTE (REFUGIO) v.

SUPREME COURT OF

CALIFORNIA (COUNTY OF

RIVERSIDE)



S256121 C079838 Third Appellate District PEOPLE v. HELLMAN

(JOSHUA LEE)



S256124 H045775 Sixth Appellate District PEOPLE v. PEREZ (ARTURO

MAYA)



S256126 G055662 Fourth Appellate District, Div. 3 JAKUBAITIS (FRANK) v. BUI

(DUYEN THI)



S256128 A149708 First Appellate District, Div. 3 PEOPLE v. VELEZ, JR.,

(CONRAD)



S256129 A157217 First Appellate District, Div. 5 MOORE (GARY B.) ON H.C.



S256132 A157160 First Appellate District, Div. 5 MOORE (GARY B.) ON H.C.




S256140 F074797 Fifth Appellate District PEOPLE v. PONCE (TONY

EUGENE)



S256141 A157224 First Appellate District, Div. 4 DREVALEVA (TATYANA E.)

v. S.C. (ALAMEDA HEALTH

SYSTEM)



S256142 D074239 Fourth Appellate District, Div. 1 PEOPLE v. SANCHEZ

(SALVADOR)



S256143 A152675 First Appellate District, Div. 4 PEOPLE v. MARTINEZ-

FLORES (JUAN MANUEL)



S256148 B284779 Second Appellate District, Div. 3 PEOPLE v. BROWN (JOHN J.)



S256150 PHILLIPS (RICHARD LOUIS

ARNOLD) v. S.C. (PEOPLE)

The petition for error coram vobis and application for stay are denied.


S256155 H044440 Sixth Appellate District PEOPLE v. SHAKOURY (ALI

REZA)



S256161 B280027 Second Appellate District, Div. 5 PEOPLE v. SPREWELL

(RULIE CHEVEZ)




S256162 EDWARDS (JAMES

ARTHUR) v. S.C. (PEOPLE)

Petition for writ of error coram vobis denied


S256167 B286262 Second Appellate District, Div. 4 FORTE (DIANE) v. THE

VILLAGE GREEN OWNERS

ASSOCIATION, INC.



S256169 G054945 Fourth Appellate District, Div. 3 PEOPLE v. HERRERA, JR.,

(SALVADOR LEROY)



S256174 D074099 Fourth Appellate District, Div. 1 PEOPLE v. HAMMOND

(RICHARD GIDEON)



S256192 B278015 Second Appellate District, Div. 7 PEOPLE v. RAMIREZ

(JANET)



S256203 B293370 Second Appellate District, Div. 1 TURNER (EDDIE) ON H.C.



S256210 E069166 Fourth Appellate District, Div. 2 PEOPLE v. MATEEN, JR.,

(DANIEL LEON)




S256212 B289564 Second Appellate District, Div. 8 PEOPLE v. SEPULVEDA

(ISMAEL ALEJANDRO)



S256214 B279617 Second Appellate District, Div. 3 PEOPLE v. BABAKITIS

(JAMES THOMAS)



S256217 B291481 Second Appellate District, Div. 6 LOS PADRES

FORESTWATCH v. COUNTY

OF VENTURA (CARBON

CALIFORNIA COMPANY,

LLC)



S256238 B286000 Second Appellate District, Div. 3 BABAKITIS (JAMES

THOMAS) ON H.C.



S256276 WILLIAMS (KENNETH) v.

COURT OF APPEAL,

SECOND APPELLATE

DISTRICT (PEOPLE)



S256717 H040821 Sixth Appellate District PEOPLE v. CABRERA

(EDIBERTO)

Petitions for review & application for stay denied


S251252 THOMAS (STEVEN) ON H.C.

Petition for writ of habeas corpus denied



S251859 AYALA (VICTOR RICARDO)

ON H.C.

The petition for writ of habeas corpus is denied without prejudice to filing a motion in the trial

court pursuant to Penal Code section 1203.01. (See In re Cook (2019) 7 Cal.5th 439.)


S252094 HARDIN (REGINALD) ON

H.C.



S252109 VUKAJ (VASIL) ON H.C.




S252115 MURPHY (JOHN PAUL

JONES) ON H.C.



S252295 RIGGINS (RODNEY LEE) ON

H.C.



S252957 WHITE (DAVID LEDREW)

ON H.C.



S253279 ALVAREZ (SALVADOR) ON

H.C.

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

resentencing under Penal Code section 1170.95.



S253290 ZUEGEL (JAMES R.) ON H.C.



S253461 SIMS (THOMAS) ON H.C.



S253463 ALEXANDRE (ANTHONY)

ON H.C.



S253621 COOPER (DERRICK) ON

H.C.



S253809 FLORES (JORGE CRUZ

ADAN) ON H.C.

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

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


S253811 ROBERTSON (ROGER

WAYNE) ON H.C.


[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive]; In re Swain

(1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient facts with

particularity].) Individual claims are denied, as applicable. (See In re Miller (1941) 17 Cal.2d

734, 735 [courts will not entertain habeas corpus claims that are repetitive].)


S253812 ROBERTSON (ROGER

WAYNE) ON H.C.




750, 767-769 [courts will not entertain habeas corpus claims that are successive]; In re Swain

(1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient facts with

particularity].)


S253857 SASSOUNIAN (HARRY M.)

ON H.C.



S253891 TRUSS (CRAIG E.) ON H.C.



S253955 HAYGOOD (HASSAUN

CECIL) ON H.C.



S253962 UNDERDAHL (GEOFFREY

ANTHONY) ON H.C.

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

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege

sufficient facts with particularity].)


S253986 PAYNE (GERALD J.) ON H.C.


[courts will not entertain habeas corpus claims that are untimely]; In re Miller (1941) 17 Cal.2d

734, 735 [courts will not entertain habeas corpus claims that are repetitive].)

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


S253991 SHERMAN (WILLIE

CLARENCE) ON H.C.




S253997 CHEGAIYAMA (GEORGE

EMMANUEL) ON H.C.






S254000 ECHEVESTE (MISAEL) ON

H.C.



S254170 HER (KINSON) ON H.C.



S254177 GARCIA (LUIS) ON H.C.



S254208 DAWSON (KENNETH DEAN)

ON H.C.



S254236 CALLENDER (VINCENT A.)

ON H.C.



S254269 WATSON, JR., (ROBBIE

GENE) ON H.C.




S254368 ESCAMILLA (ERNESTO L.)

ON H.C.

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

[courts will not entertain habeas corpus claims that were rejected on appeal].)


S254421 MOTTON (EDWARD JAMES)

ON H.C.

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

[courts will not entertain habeas corpus claims that are successive]; People v. Duvall (1995) 9

Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably available

documentary evidence].) Individual claims are denied, as applicable. (See In re Miller (1941) 17

Cal.2d 734, 735 [courts will not entertain habeas corpus claims that are repetitive].)


S254435 DAWSON (KENNETH DEAN)

ON H.C.

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

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


S254441 UNDERDAHL (GEOFFREY

ANTHONY) ON H.C.



S254452 DEAY (STEVEN ALLEN) ON

H.C.



S254453 WALLACE (ERIC) ON H.C.



S254557 PAPAZYAN (VREZH NICK)

ON H.C.




S254676 MOTTON (EDWARD JAMES)

ON H.C.




documentary evidence].) Individual claims are denied, as applicable. (See In re Miller (1941) 17

Cal.2d 734, 735 [courts will not entertain habeas corpus claims that are repetitive].)


S254678 CHAVIRA (ROBERT) ON

H.C.



S254719 WATSON (TYRELL LEVINE)

ON H.C.



S254882 DAVIS (J.D. MICHAEL) ON

H.C.



S254902 FEE (JAVON) ON H.C.



S254909 TURNER (LAFONZO R.) ON

H.C.



S254911 WALLACE (ERIC) ON H.C.



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


S254912 TORRES (ANTHONY) ON

H.C.



S254975 KNIGHT (CLARENCE

VINSON) ON H.C.



S254976 HERRERA (JOSHUA) ON

H.C.



S254982 ALEXANDER (DARRYL

KEITH) ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive]; In re Lessard

(1965) 62 Cal.2d 497, 503 [courts will not entertain habeas corpus claims that raise Fourth

Amendment violations]; In re Dixon (1953) 41 Cal.2d 756, 759 [courts will not entertain habeas

corpus claims that could have been, but were not, raised on appeal]; In re Swain (1949) 34 Cal.2d

300, 304 [a petition for writ of habeas corpus must allege sufficient facts with particularity].)


S254999 FLORES (JESSIE JAMES) ON

H.C.



S255004 SWON (JAMES) ON H.C.




S255010 GARCIA (JOHNNY) ON H.C.



S255012 McCARDELL (DONALD

RAY) ON H.C.



S255017 HERNANDEZ (JIMMY) ON

H.C.



S255041 GHOLAR, SR., (JOHN R.) ON

H.C.



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


S255059 STRINGER, JR.,

(LAWRENCE T.) ON H.C.



S255072 WHITLEY (DELMOS) ON

H.C.




S255098 ORTIZ (VINCENT) ON H.C.




S255115 PHILLIPS (CHRISTY C.) ON

H.C.



S255133 HERNANDEZ (FERNANDO)

ON H.C.



S255137 HUDSON (JORDAN

CORDELL) ON H.C.



S255140 ELLIOTT (TRAVIS) ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive]; People v. Duvall

(1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably

available documentary evidence]; In re Dixon (1953) 41 Cal.2d 756, 759 [courts will not entertain

habeas corpus claims that could have been, but were not, raised on appeal].)


S255159 WARD (EUGENE HAROLD)

ON H.C.



S255162 McKINSTRY (SCOTT P.) ON

H.C.



S255163 HURTADO (RICHARD

ANTHONY) ON H.C.




S255172 CASARES (RAYMOND

LEONARD) ON H.C.



S255173 MEDINA (JONATHAN E.) ON

H.C.




S255175 CHU (RICHARD H.) ON H.C.



S255176 AZEVEDO (ALEX

LEONARD) ON H.C.



S255177 FLAUNDERS (JOSEPH) ON

H.C.



S255180 HARRIS (EARNEST S.) ON

H.C.



S255181 CIOTTA (STEVEN) ON H.C.






S255183 XIONG (JOHN) ON H.C.



S255198 CAZARES (RENE) ON H.C.




S255227 DAVIS (JERMOND

CHRISTOPHER) ON H.C.



S255241 VALLERY (RAYNARD) ON

H.C.



S255244 STANLEY (RICHARD J.) ON

H.C.



S255246 NORMAN (DANIEL) ON H.C.



S255247 VALLE (JONATHAN F.) ON

H.C.

The petition for writ of habeas corpus is denied. Individual claims are denied, as applicable. (See

In re Waltreus (1965) 62 Cal.2d 218, 225 [courts will not entertain habeas corpus claims that were

rejected on appeal]; In re Dixon (1953) 41 Cal.2d 756, 759 [courts will not entertain habeas

corpus claims that could have been, but were not, raised on appeal].)



S255251 MILES (JEFFERY) ON H.C.



S255256 MOUNTFORD (DAVID

GORDON) ON H.C.


[courts will not entertain habeas corpus claims that are untimely]; People v. Villa (2009) 45

Cal.4th 1063, 1066 [habeas corpus relief is unavailable where the petitioner is not in the custody

of California authorities as a result of the challenged conviction].)



LEONARD) ON H.C.




documentary evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas

corpus must allege sufficient facts with particularity].)


S255263 CORMIER (TIMOTHY

LAMAR) ON H.C.



S255275 PINKERTON (SCOT) ON H.C.



S255277 LEE (JESSIE CAVIN) ON H.C.




S255281 WESTBROOK (PHILLIP) ON

H.C.




S255313 HOANG (HUNG LINH) ON

H.C.


[courts will not entertain habeas corpus claims that are untimely]; People v. Duvall (1995) 9


documentary evidence].)


S255418 JOHNSON (HERBERT) ON

H.C.



S255419 SANCHEZ, JR., (GUSTAVO)

ON H.C.


[courts will not entertain habeas corpus claims that are untimely]; In re Dixon (1953) 41 Cal.2d

756, 759 [courts will not entertain habeas corpus claims that could have been, but were not, raised

on appeal].)


S255423 CHURICH (ROBERT) ON

H.C.


[courts will not entertain habeas corpus claims that are successive]; In re Dixon (1953) 41 Cal.2d

756, 759 [courts will not entertain habeas corpus claims that could have been, but were not, raised

on appeal].) Individual claims are denied, as applicable. (See People v. Duvall (1995) 9 Cal.4th

464, 474 [a petition for writ of habeas corpus must include copies of reasonably available

documentary evidence]; In re Lindley (1947) 29 Cal.2d 709, 723 [courts will not entertain habeas

corpus claims that attack the sufficiency of the evidence].)


S255424 GARZA (RAUL) ON H.C.



750, 767-769 [courts will not entertain habeas corpus claims that are successive]; People v. Duvall

(1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably


available documentary evidence]; In re Dexter (1979) 25 Cal.3d 921, 925-926 [a habeas corpus

petitioner must exhaust available administrative remedies].)




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

[courts will not entertain habeas corpus claims that could have been, but were not, raised on

appeal]; In re Lessard (1965) 62 Cal.2d 497, 503 [courts will not entertain habeas corpus claims

that raise Fourth Amendment violations].)


S255449 MALDONADO (JUAN) ON

H.C.



S255451 HODGE (MARK A.) ON H.C.



S255455 QASSEM (BRANDON

ASAAD) ON H.C.



S255489 MOUNTFORD (DAVID

GORDON) ON H.C.


[courts will not entertain habeas corpus claims that are untimely]; People v. Villa (2009) 45

Cal.4th 1063, 1066 [habeas corpus relief is unavailable where the petitioner is not in the custody

of California authorities as a result of the challenged conviction].)







S255537 HERRERA (JOSHUA) ON

H.C.



S255681 MURRELL, JR., (ANTONY T.)

ON H.C.



S255717 STRINGER, JR.,

(LAWRENCE T.) ON H.C.



S255818 RIGGINS (RODNEY LEE) ON

H.C.



S256033 WALKER (CHRISTOPHER)

ON H.C.






S256042 RIVERA (TIMOTHY DEAN)

ON H.C.



S256123 GAMEZ (LYNDONNA) ON

H.C.




S256134 GANDARA (THOMAS

ARTHUR) ON H.C.



S256222 ESCALANTE (REFUGIO) ON

H.C.



S256225 MATEEN, JR., (DANIEL L.)

ON H.C.




LEONARD) ON H.C.





S256391 INCHAUSTEQUII

(EDUARDO) ON H.C.






S255411 A149365 First Appellate District, Div. 5 GHOSH (RASH B.) v.

STEINER (PAUL J.)

Publication request denied (case closed)


S255460 D074889 Fourth Appellate District, Div. 1 D.R. HORTON LOS

ANGELES HOLDING

COMPANY, INC. v.


MILGARD

MANUFACTURING, INC.



S255514 B287170 Second Appellate District, Div. 7 SEGURA (OLGA) v. CROWN

POLY, INC.



S255525 A153630 First Appellate District, Div. 2 CARMICHAEL (VICTOR) v.

CITY OF PACIFICA

(BLACKMAN)



S255561 A152428 First Appellate District, Div. 5 WESTERN HERITAGE

INSURANCE COMPANY v.

FRANCES TODD, INC.

Depublication request denied (case closed)

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

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


S255572 B284995 Second Appellate District, Div. 7 BAE (JUNG H.) v. PARK

(NAM HO)



S255671 G054993 Fourth Appellate District, Div. 3 HAGHIGHAT (SOFIA &

HAMID), MARRIAGE OF



S255711 A154024 First Appellate District, Div. 1 DEPARTMENT OF SOCIAL

SERVICES v. STATE

PERSONNEL BOARD


(TUCKWELL)



S255802 B289488 Second Appellate District, Div. 4 CULBERSON II (ROGER L.)

v. WALT DISNEY PARKS &

RESORTS

Publication requests denied (case closed)


S255273 B290897 Second Appellate District, Div. 5 PEOPLE v. ZAYAS (FAVIAN

EDUARDO)

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

August 14, 2019.

S255529 A154039 First Appellate District, Div. 4 PEOPLE v. LIVELY (ERIC J.)


August 14, 2019.

S255544 C085652 Third Appellate District PEOPLE v. BROWNLEE

(BENJAMIN JUSTIN)


August 15, 2019.

S255774 B293891 Second Appellate District, Div. 1 C. (EDGAR) v. S.C. (PEOPLE)


August 9, 2019.

S255784 C079835 Third Appellate District NATIONAL ASIAN

AMERICAN COALITION v.

NEWSOM (GAVIN C.)


August 9, 2019.

S255791 B283197 Second Appellate District, Div. 7 PEOPLE v. DELGADO

(OMAR)



August 12, 2019.

S255826 D074028 Fourth Appellate District, Div. 1 PEOPLE v. S.C. (JONES)


August 14, 2019.

S255846 B296996 Second Appellate District, Div. 6 BUNDLEY (LERON

DESHONE) v. S.C. (PEOPLE)


August 14, 2019.

S255859 B280116 Second Appellate District, Div. 8 STOKES (JAMES) v.

MUSCHINSKE (MARTIN

FREDERICK)


August 15, 2019.

S065877 PEOPLE v. LOPEZ (BOBBY)

& TRUJEQUE (JAMES)

Extension of time granted

Based upon counsel Joseph Baxter’s representation that appellant Bobby Lopez’s opening brief is

anticipated to be filed by October 31. 2019, an extension of time in which to serve and file that

brief is granted to September 3, 2019. After that date, only one further extension totaling about 57

additional days 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).)

S127119 PEOPLE v. GIVENS (TODD)

Application to file over-length brief granted

Good cause appearing, appellant’s “Application to File Overlength Reply Brief,” filed on June 12,

2019, is granted. The appellant’s reply brief must not exceed 59,000 words.

S139702 PEOPLE v. BRACAMONTES

(MANUEL)



Based upon Senior Deputy State Public Defender A. J. Kutchins’s representation that the

appellant’s reply brief is anticipated to be filed by September 13, 2019, an extension of time in

which to serve and file that brief is granted to September 13, 2019. After that date, no further

extension is contemplated.



S151493 PEOPLE v. CARDENAS

(REFUGIO RUBEN)


Based upon Assistant State Public Defender Jessica K. McGuire’s representation that the

appellant’s reply brief is anticipated to be filed by September 4, 2019, an extension of time in

which to serve and file that brief is granted to September 4, 2019. After that date, no further

extension will be granted.

S169090 PEOPLE v. CHOYCE

(WILLIAM JENNINGS)


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

for extension of time is granted.

Based upon counsel William Hassler’s representation that the appellant’s reply brief is anticipated

to be filed by October 31, 2019, counsel’s request for an extension of time in which to serve and

file that brief is granted to August 26, 2019. After that date, only one further extension totaling

about 67 additional days is contemplated.



S169152 PEOPLE v. COLBERT

(TECUMSEH N.)


Upon application of Supervising Deputy State Public Defender Nina Wilder, counsel for

appellant, an extension of time in which to serve and file the appellant’s reply brief is granted to

August 26, 2019. After that date, no further extension is contemplated.

S174232 PEOPLE v. KEMP (DARRYL

THOMAS)



Based upon counsel William D. Farber’s representation that the appellant’s reply brief is

anticipated to be filed by September 3, 2019, an extension of time in which to serve and file that

brief is granted to September 3, 2019. After that date, no further extension is contemplated.

S185810 PEOPLE v. THREATS

(DERLYN RAY)


The application of the Superior Court of San Diego County for an extension of time to prepare,

certify for accuracy and send the record as corrected to the California Supreme Court, filed on

June 28, 2019, is granted.

The Superior Court of San Diego County is directed to complete and deliver the clerk’s and

reporter’s transcripts on appeal pursuant to California Rules of Court, rule 8.622(e) on or before

October 1, 2019.

S201205 PEOPLE v. MOORE (RYAN

T.)


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

extended to August 27, 2019.

S202817 PEOPLE v. FIERROS, JR.,

(EUSEBIO)


Good cause appearing and based upon counsel Danalynn Pritz’s representation that the appellant’s

opening brief is anticipated to be filed by September 16, 2019, counsel’s request for an extension

of time in which to serve and file that brief is granted to August 27, 2019. After that date, only

one further extension totaling about 19 additional days is contemplated.



S211060 PEOPLE v. GALVAN

(ROBERT)



extended to September 3, 2019.


S212376 PEOPLE v. JOHN (EMRYS

JUSTIN) & MILLER

(TYRONE L.)


On application of appellant Emrys J. John, it is ordered that the time to serve and file appellant’s

opening brief is extended to September 13, 2019.

S212376 PEOPLE v. JOHN (EMRYS

JUSTIN) & MILLER

(TYRONE L.)


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

opening brief is extended to September 13, 2019.

S214846 SATELE (WILLIAM TUPUA)

ON H.C.


Based upon Deputy Attorney General Stacy S. Schwartz’s representation that the informal

response to the petition for writ of habeas corpus is anticipated to be filed by September 6, 2019,

an extension of time in which to serve and file that document is granted to September 6, 2019.

After that date, no further extension is contemplated.

S219382 PEOPLE v. THOMAS, JR.,

(HILBERT PINEIL)




S220097 PEOPLE v. WEST (ERRAN

LANE)


Based upon counsel Michael Clough’s representation that the appellant’s opening brief is

anticipated to be filed by December 1, 2019, an extension of time in which to serve and file that

brief is granted to August 23, 2019. After that date, only two further extensions totaling about

100 additional days are contemplated.




S221158 PEOPLE v. CISNEROS

(LEONARDO ALBERTO)



extended to August 30, 2019.

S221846 PEOPLE v. HALEY (KEVIN

BERNARD)




S235017 PEOPLE v. MARTIN

(ROMAINE ULYSES)

Order appointing State Public Defender filed

Upon request of appellant for appointment of counsel, the Office of the State Public Defender is

hereby appointed to represent appellant Romaine Ulyses Martin for the direct appeal in the above

automatic appeal now pending in this court.

S116307 PEOPLE v. FLORES III

(ALFRED)

Order filed

Appellant’s “Application for Leave to File Second Supplemental Opening Brief,” filed on

June 20, 2019, is granted. Respondent must serve and file a second supplemental respondent’s

brief no later than 30 days from the date of this order. Appellant may serve and file a second

supplemental appellant’s reply brief no later than 30 days after the second supplemental

respondent brief is filed.

S127119 PEOPLE v. GIVENS (TODD)

Order filed

Appellant’s application for relief from default is denied without prejudice to renewal when the


appellant’s reply brief is submitted for filing.

S130495 MASTERS (JARVIS J.) ON

H.C.

Order filed

Petitioner’s “Application to File Under Seal Reply to Response to Motion to Delay Submission of

the Case for Further Development of the Record,” filed June 18, 2019, is granted. In ordering this

sealing, this court makes the findings required by California Rules of Court, rules 2.550(d) and

8.46(e). The Clerk is directed to file under seal the unredacted version of petitioner’s “Reply to

Response to Motion to Delay Submission of the Case for Further Development of the Record,”

which was received on June 18, 2019, and to publicly file the redacted version received the same

date.

Petitioner’s “Motion to Delay Submission of the Case for Further Development of the Record,”

filed June 12, 2019, is granted in part as follows. Petitioner’s motion, the Attorney General’s

response, petitioner’s reply thereto, and Sealed Exhibit 54-A are incorporated into the record for

this cause. The motion is otherwise denied.

This cause was ordered submitted on June 4, 2019, and remains under submission.


S168441 PEOPLE v. McKNIGHT

(ANTHONY)

Order filed

Appellant’s “Application for Leave to File Supplemental Opening Brief,” filed on June 18, 2019,

is granted. Respondent must serve and file a supplemental respondent’s brief no later than 30

days from the date of this order. Appellant may serve and file a supplemental appellant’s reply

brief no later than 30 days after the supplemental respondent’s brief is filed.

S255308 ACCUSATION OF NGUYEN

Petition denied (accusation)


S255473 ACCUSATION OF RIVERA




S255632 ACCUSATION OF JOHNSON,

SR.



S255879 ACCUSATION OF AVILES-

ROTHCHILD



S255908 ACCUSATION OF CRAIG



S256030 ACCUSATION OF

COLEBROOK



S256216 ACCUSATION OF LINTON



S254967 ALBERT ON DISCIPLINE

Petition for review denied; recommended discipline imposed

The request to correct or augment the record and/or for judicial notice is denied. The petition for

writ of review is denied.

The court orders that LENORE LuANN ALBERT (Respondent), State Bar Number 210876, is

suspended from the practice of law in California for one year, execution of that period of

suspension is stayed, and Respondent is placed on probation for two years subject to the following

conditions:

1. Respondent is suspended from the practice of law for a minimum of the first six months of

probation, and Respondent will remain suspended until the following requirements are

satisfied:

i. Respondent makes restitution to the following payees or such other recipient as may be

designated by the Office of Probation or the State Bar Court (or reimburses the Client

Security Fund, to the extent of any payment from the Fund to such payee, in accordance

with Business and Professions Code section 6140.5) and furnishes satisfactory proof to


the State Bar’s Office of Probation in Los Angeles:

(1) Dr. Nira Schwartz-Woods in the amount of $20,000 plus 10 percent interest per

year from April 1, 2016; and

(2) Fin City Foods in the amount of $47.00.

ii. If Respondent remains suspended for two years or longer as a result of not satisfying

the preceding requirement, Respondent must also provide proof to the State Bar Court

of rehabilitation, fitness to practice and present learning and ability in the general law

before the suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for

Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)

2. Respondent must also comply with the other conditions of probation recommended by the

Hearing Department of the State Bar Court in its Decision filed on January 9, 2019.

3. At the expiration of the period of probation, if Respondent has complied with all conditions

of probation, the period of stayed suspension will be satisfied and that suspension will be

terminated.

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

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

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

Respondent must also maintain the records of compliance as required by the conditions of

probation.

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.


S255352 HENDERSON ON

DISCIPLINE

Recommended discipline imposed

The court orders that SHANNON MARIE HENDERSON (Respondent), State Bar Number

216104, is suspended from the practice of law in California for one year, execution of that period

of suspension is stayed, and Respondent is placed on probation for one year subject to the

following conditions:

1. Respondent is suspended from the practice of law for a minimum of the first 60 days of

probation, and Respondent will remain suspended until the following requirements are

satisfied:

i. Respondent makes restitution to Russell O’Coy, or such other recipient as may be

designated by the Office of Probation or the State Bar Court, in the amount of $13,400

plus 10 percent interest per year from December 4, 2015 (or reimburses the Client

Security Fund to the extent of any payment from the Fund to such payee, in accordance

with Business and Professions Code section 6140.5) and furnishes satisfactory proof to

the State Bar’s Office of Probation in Los Angeles; and

ii. If Respondent remains suspended for two years or longer as a result of not satisfying

the preceding requirement, Respondent must also provide proof to the State Bar Court


of rehabilitation, fitness to practice and present learning and ability in the general law

before the suspension will be terminated. (Rules Proc. of State Bar, tit. IV, Stds. for

Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1)).

2. Respondent must also comply with the other conditions of probation recommended by the

Hearing Department of the State Bar Court in its Order Approving Stipulation filed on

March 8, 2019.



terminated.

Respondent must also take and pass the Multistate Professional Responsibility Examination

within one year after the effective date of this order, or during the period of suspension, whichever

is longer 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).)

If Respondent remains suspended for 90 days or more, Respondent 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 120 and 130 calendar days, respectively, after the effective date of this order.

Failure to do so may result in disbarment or suspension. Respondent must also maintain the

records of compliance as required by the conditions of probation.




S255353 RATZLAFF ON DISCIPLINE


The court orders that RUTH ELLEN RATZLAFF (Respondent), State Bar Number 87615, is


suspension is stayed, and Respondent is placed on probation for one year subject to the following

conditions:

1. Respondent is suspended from the practice of law for the first 60 days of probation;

2. Respondent must comply with the other conditions of probation recommended by the


March 8, 2019; and



terminated.

Respondent must provide to the State Bar’s Office of Probation proof of taking and passing the

Multistate Professional Responsibility Examination as recommended by the Hearing Department

in its Order Approving Stipulation filed on March 8, 2019. Failure to do so may result in

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





S255355 McGHEE ON DISCIPLINE


The court orders that PERFISITY McGHEE (Respondent), State Bar Number 81234, is



conditions:




February 26, 2019; and



terminated.



in its Order Approving Stipulation filed on February 26, 2019. Failure to do so may result in





S255358 PEREZ ON DISCIPLINE


The court orders that GEORGE GARCIA PEREZ (Respondent), State Bar Number 226515, is



conditions:




March 4, 2019; and



terminated.









S255359 RONCA ON DISCIPLINE

Recommended discipline imposed: disbarred

The court orders that STEPHEN CHRISTOPHER RONCA (Respondent), State Bar Number

183255, is disbarred from the practice of law in California and that Respondent’s name is stricken

from the roll of attorneys.

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

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

effective date of this order.




S255480 ANDERSON ON DISCIPLINE


The court orders that ERNEST LINFORD ANDERSON (Respondent), State Bar Number 44784,

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

roll of attorneys.







S255481 ASTAN ON DISCIPLINE


The court orders that ADAM ASTAN (Respondent), State Bar Number 300857, is suspended

from the practice of law in California for one year, execution of that period of suspension is

stayed, and Respondent is placed on probation for one year subject to the following conditions:

1. Respondent is suspended from the practice of law for the first sixty days of probation;



March 14, 2019; and




terminated.








S255488 THOMPSON ON DISCIPLINE


The court orders that TRENT WAYNE THOMPSON (Respondent), State Bar Number 214367, is

suspended from the practice of law in California for two years, execution of that period of


conditions:







terminated.





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

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

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

Respondent must also maintain the records of compliance as required by the conditions of

probation.




S255490 RAFALOVICH ON

DISCIPLINE


The court orders that STEVEN ROBERT RAFALOVICH (Respondent), State Bar Number


217976, is disbarred from the practice of law in California and that Respondent’s name is stricken

from the roll of attorneys.







S255493 SMITH ON DISCIPLINE


The court orders that SANDRA LYNETTE SMITH (Respondent), State Bar Number 172881, is



conditions:







terminated.







and as a money judgment. One-third of the costs must be paid with Respondent’s annual fees for

each of the years 2020, 2021, and 2022. If Respondent fails to pay any installment as described

above, or as may be modified in writing by the State Bar or the State Bar Court, the remaining

balance is due and payable immediately.

S255983 FUERY ON DISCIPLINE

Petition for review denied; recommended discipline imposed

The petition for review is denied.

The court orders that JOHN JOSEPH FUERY (Respondent), State Bar Number 177634, is



conditions:




Review Department of the State Bar Court in its Opinion filed on March 29, 2019; and



terminated.


Multistate Professional Responsibility Examination as recommended by the Review Department

in its Opinion filed on March 29, 2019. Failure to do so may result in suspension. (Cal. Rules of

Court, rule 9.10(b).)





S256687 ASHLEY ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of STEPHEN STRATTON ASHLEY, State Bar

Number 70032, as an attorney of the State Bar of California is accepted.

S256688 BLAIN ON RESIGNATION


The court orders that the voluntary resignation of SUE BLAIN, State Bar Number 157724, as an

attorney of the State Bar of California is accepted.

S256689 CHASE ON RESIGNATION


The court orders that the voluntary resignation of CYNTHIA LOUISE CHASE, State Bar


S256690 CONKLIN ON

RESIGNATION


The court orders that the voluntary resignation of MICHAEL JOSEPH CONKLIN, State Bar



S256691 FISHER ON RESIGNATION


The court orders that the voluntary resignation of MICHAEL TYLER FISHER, State Bar Number

150823, as an attorney of the State Bar of California is accepted.

S256692 GOLDBERG ON

RESIGNATION


The court orders that the voluntary resignation of SEYMOUR S. GOLDBERG, State Bar Number

28088, as an attorney of the State Bar of California is accepted.

S256693 JOHNSON ON

RESIGNATION


The court orders that the voluntary resignation of DEBRA PAULINE JOHNSON, State Bar


S256694 STAMEY ON RESIGNATION


The court orders that the voluntary resignation of VIJA K. STAMEY, State Bar Number 129257,

as an attorney of the State Bar of California is accepted.

supreme court minutes: wednesday, july 10, 2019

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