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1204
SUPREME COURT MINUTES
WEDNESDAY, OCTOBER 11, 2023
SAN FRANCISCO, CALIFORNIA
S281337 C097129 Third Appellate District PEOPLE v. CARBAJAL
(ELEANA MISHELLE)
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. Mitchell, S277314 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281389 C093209 Third Appellate District PEOPLE v. ETHERTON
(KEVIN)
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. Hardin, S277487 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281505 F083956 Fifth Appellate District PEOPLE v. EDWARDS
(MARLON DARNELL)
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. Hardin, S277487 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
SAN FRANCISCO OCTOBER 11, 2023 1205
S281643 B320892 Second Appellate District, Div. 1 PEOPLE v. PICKETT
(RAYMOND)
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. Patton, S279670 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281645 A165428 First Appellate District, Div. 1 PEOPLE v. BROOKS
(JERMAINE)
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. Hardin, S277487 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281661 H050260 Sixth Appellate District PEOPLE v. VILLEGAS
(RICHARD JOHN PONTINO)
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. Walker, S278309 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281697 H049257 Sixth Appellate District PEOPLE v. JOHNSON
(DONAVAN WAYNE)
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. Salazar, S275788, and People v. Lynch, S274942
(see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of
additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further
order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
SAN FRANCISCO OCTOBER 11, 2023 1206
S281708 B320193 Second Appellate District, Div. 3 PEOPLE v. EASTLAND
(JAMES)
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. Emanuel, S280551 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281741 E080557 Fourth Appellate District, Div. 2 IN RE N.L.
Petition for review granted; briefing deferred
The petition for review and the joinder to the petition for review are granted. Further action in
this matter is deferred pending consideration and disposition of a related issue in In re Ja.O.,
S280572 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court.
Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred
pending further order of the court.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281202 A164895 First Appellate District, Div. 2 SHAPIRO (STEPHEN) v.
HARBOR FREIGHT TOOLS
USA, INC.
Petition for review granted; transferred to Court of Appeal, First Appellate District, Division Two
The petition for review is granted. The matter is transferred to the Court of Appeal, First
Appellate District, Division Two, for further proceedings. (Cal. Rules of Court, rule 8.528(d).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281452 F082925 Fifth Appellate District PEOPLE v. MANCILLA
(JAIRO)
Petition for review granted; transferred to Court of Appeal, Fifth Appellate District
The petition for review is granted. The matter is transferred to the Court of Appeal, Fifth
Appellate District, with directions to vacate its decision and reconsider the cause in light of
People v. Schuller (2023) 15 Cal.5th 237. (Cal. Rules of Court, rule 8.528(d).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
SAN FRANCISCO OCTOBER 11, 2023 1207
S281458 B330459 Second Appellate District, Div. 2 C. (A.) v. S.C. (PEOPLE)
Petition for review granted; transferred to Court of Appeal, Second Appellate District, Division
Two, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Second
Appellate District, Division Two, with directions to vacate its order denying mandate and to issue
an order directing the respondent superior court to show cause why the relief sought in the petition
should not be granted. (Cal. Rules of Court, rule 8.528(d).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S281597 H051059 Sixth Appellate District MURILLO (ERNESTO) v. S.C.
(PEOPLE)
Petition ordered withdrawn
Defendant’s request, filed on October 6, 2023, to withdraw the petition for review is granted.
S280954 A167632 First Appellate District, Div. 4 ZINNERMAN (BRIANA N.) v.
ZINNERMAN (CHARLES)
Petition for review denied
S281041 MONROE (ANTOINE
JACQUES) v. S.C. (PEOPLE)
Petition for writ of mandate/prohibition denied
S281151 B313609 Second Appellate District, Div. 5 SADDLE RANCH SUNSET,
LLC v. FIREMAN’S FUND
INSURANCE COMPANY
Petition for review & publication request(s) denied
S281205 C093603 Third Appellate District SOUTH LAKE TAHOE
PROPERTY OWNERS
GROUP v. CITY OF SOUTH
LAKE TAHOE
Petition for review & depublication request(s) denied
SAN FRANCISCO OCTOBER 11, 2023 1208
S281209 A166049 First Appellate District, Div. 3 BENNETT (MARK) v. OHIO
NATIONAL LIFE
ASSURANCE
CORPORATION
Petition for review denied
S281222 D079922 Fourth Appellate District, Div. 1 SANCHEZ (NANCY) v. CITY
OF SAN DIEGO
Petition for review denied
S281269 G061524 Fourth Appellate District, Div. 3 RAIMOVA (RUHANGIZ) v.
WEST COAST TOWING
SERVICES, INC.
The request for judicial notice is denied.
The petition for review is denied.
S281270 B328485 Second Appellate District, Div. 4 PINSKY (OLEG) v. S.C.
(PEOPLE)
Petition for review denied
S281317 D080023 Fourth Appellate District, Div. 1 PEOPLE v. CARTER
(STEVEN DAVID JAMES)
Petition for review denied
Guerrero, C. J., was recused and did not participate.
S281318 B302377/B308161 Second Appellate District, Div. 5 ST. MONICA
DEVELOPMENT v.
GABRIELINO-TONGVA
TRIBE
Petition for review & publication request(s) denied
S281321 B309988 Second Appellate District, Div. 1 FIDELITY NATIONAL TITLE
COMPANY v. MEHTA
(KUSUM); DEVONSHIRE
SILVER PLAZA LLC
Petition for review denied
SAN FRANCISCO OCTOBER 11, 2023 1209
S281332 D081295 Fourth Appellate District, Div. 1 SESSION (KEANDRE) ON
H.C.
Petition for review denied
S281355 A164833 First Appellate District, Div. 1 THE REGENTS OF THE
UNIVERSITY OF
CALIFORNIA v.
BUTTGENBACH (THOMAS)
Petition for review denied
S281404 B311859 Second Appellate District, Div. 8 BRAUGH (JANE) v. DOW
(ROY H.)
The request for judicial notice is granted.
The petition for review is denied.
S281412 A164432 First Appellate District, Div. 2 IN RE D.L.
Petition for review & depublication request(s) denied
S281445 D080093 Fourth Appellate District, Div. 1 TOMES (LISA GAO &
WILLIAM J.), MARRIAGE
OF
Petition for review denied
S281453 E075162 Fourth Appellate District, Div. 2 ELIZONDO (AYANI) v.
RIVERSIDE COMMUNITY
HOSPITAL
Petition for review denied
S281468 E079090 Fourth Appellate District, Div. 2 PEOPLE v. SANDOVAL
(JOSE MIGUEL)
Petition for review denied
S281475 B320708 Second Appellate District, Div. 6 PESKETT (SHARON) v.
DESIGNER BRANDS, INC.
Petition for review & publication request(s) denied
SAN FRANCISCO OCTOBER 11, 2023 1210
S281479 D080230 Fourth Appellate District, Div. 1 PEOPLE v. ICONA (FRANK
ANTHONY)
Petition for review denied
S281483 B330303 Second Appellate District, Div. 8 IAROPOLOV (ALEKSEI) v.
S.C. (IAROPOLOVA)
Petition for review denied
S281489 C096275 Third Appellate District PEOPLE v. HOWELL
(CHARLES CONLEY)
Petition for review denied
S281492 G061325 Fourth Appellate District, Div. 3 SON (N.M.) v. SCHWARTZ
(MICHAEL DAVID)
Petition for review denied
S281497 WARD (MARK) v. LOS
ANGELES COUNTY
PROBATION DEPARTMENT
Petition for review denied
S281503 A165390 First Appellate District, Div. 5 THAI (PAUL) v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION
The applications to appear as counsel pro hac vice are granted. (Cal. Rules of Court, rule 9.40(a).)
The petition for review is denied.
Groban, J., was recused and did not participate.
S281504 G061035 Fourth Appellate District, Div. 3 SON (N.M.) v. CHCM, INC.
Petition for review denied
S281507 B317896 Second Appellate District, Div. 4 PEOPLE v. GARCIA
(RAMIRO MACIAS)
Petition for review denied
SAN FRANCISCO OCTOBER 11, 2023 1211
S281509 A165017 First Appellate District, Div. 4 PEOPLE v. WADLEIGH
(DANIEL BENJAMIN)
Petition for review & depublication request(s) denied
S281540 G061178 Fourth Appellate District, Div. 3 PEOPLE v. RAMIREZ (LUIS
ALBERTO)
Petition for review denied
S281573 D080549 Fourth Appellate District, Div. 1 PEOPLE v. BURRIS
(KIGIMANI)
Petition for review denied
S281598 B317078 Second Appellate District, Div. 5 PEOPLE v. BALLARD
(JIMMY LEONARD)
Petition for review denied
S281600 D082534 Fourth Appellate District, Div. 1 PEOPLE v. ACEDO (DANIEL)
Petition for review denied
S281601 B330090 Second Appellate District, Div. 3 TAYLOR (DANIEL
ANTHONY) ON H.C.
The petition for review is denied without prejudice to any relief to which petitioner might be
entitled after this court decides People v. Faial, S273840.
S281603 D082498 Fourth Appellate District, Div. 1 FLORES (JUAN ISAAC) ON
H.C.
Petition for review denied
S281604 H050440 Sixth Appellate District GUZMAN-JERONIMO
(CAYETANA) & MORALES
(FRANCISCO F.),
MARRIAGE OF
Petition for review denied
SAN FRANCISCO OCTOBER 11, 2023 1212
S281607 B323993 Second Appellate District, Div. 1 PEOPLE v. OFFLEY (DANA
LAMAR)
Petitions for review denied
S281612 G061276 Fourth Appellate District, Div. 3 PEOPLE v. LYNCH
(THOMAS JOSEPH)
Petition for review denied
S281616 B301447 Second Appellate District, Div. 5 PEOPLE v. ROMAIN
(PIERRE ALPHONSE)
Petition for review denied
S281633 A161771 First Appellate District, Div. 4 SAMETC, LLC v. HINDLEY
(REGINALD)
Petition for review denied
S281635 B329767 Second Appellate District, Div. 4 DESILVA (MIGUEL) ON H.C.
Petition for review denied
S281639 B322094 Second Appellate District, Div. 6 IN RE L.N.
Petition for review denied
S281642 B322508/B325350 Second Appellate District, Div. 2 PEOPLE v. WARD (PAUL
BRIAN)
Petition for review denied
S281644 B325850 Second Appellate District, Div. 7 PEOPLE v. MACKEY
(DeMARIE)
Petition for review denied
S281646 E081643 Fourth Appellate District, Div. 2 THOMPSON (DEWAYNE) ON
H.C.
Petition for review denied
SAN FRANCISCO OCTOBER 11, 2023 1213
S281648 B316233 Second Appellate District, Div. 1 PEOPLE v. CARTER
(RICHARD)
Petition for review denied
S281650 E079385 Fourth Appellate District, Div. 2 PEOPLE v. MORALES (JOSE
ANTONIO)
Petition for review denied
S281655 E078581 Fourth Appellate District, Div. 2 PEOPLE v. OATES (JIMMIE
LEE)
Petition for review denied
S281657 B324514 Second Appellate District, Div. 1 PEOPLE v. GAYLES
(MILTON DEAN)
Petition for review denied
S281658 C099015 Third Appellate District EBERLY (GARY ALAN) v.
S.C. (PEOPLE)
Petition for review denied
S281660 D080683 Fourth Appellate District, Div. 1 PEOPLE v. JOHNSON (RYAN
JAIRE)
Petition for review denied
S281662 A166290 First Appellate District, Div. 2 PEOPLE v. DeLEON (JORGE
NICOLLA)
Petition for review denied
S281663 C096369 Third Appellate District PEOPLE v. AGUIRRE
(CARLOS RENE)
Petition for review denied
S281666 E076965 Fourth Appellate District, Div. 2 PEOPLE v. HERNANDEZ
(CHRISTOPHER JOSEPH)
Petition for review denied
SAN FRANCISCO OCTOBER 11, 2023 1214
S281667 B321145 Second Appellate District, Div. 4 PEOPLE v. CHRISTMAN
(BRUCE ALLEN)
Petition for review denied
S281669 A167087 First Appellate District, Div. 4 BRISCOE (KHYLE) ON H.C.
Petition for review denied
S281670 C096823 Third Appellate District PEOPLE v. FORD (JORDAN)
Petition for review denied
S281672 F086420 Fifth Appellate District PAGE (SAMMIE L.) ON H.C.
Petition for review denied
S281676 A168398 First Appellate District, Div. 4 BROWN (SHAWN C.) ON H.C.
Petition for review denied
S281679 B308787 Second Appellate District, Div. 7 PEOPLE v. CARDONA
(CARLOS PEREZ)
Petition for review denied
S281680 H050406 Sixth Appellate District IN RE M.B.
Petition for review denied
S281681 A164980 First Appellate District, Div. 3 PEOPLE v. G.A. (J.)
Petition for review & depublication request(s) denied
S281682 C096771 Third Appellate District PEOPLE v. FIGUEROA
(JEREMY J.)
Petition for review denied
S281683 B309348 Second Appellate District, Div. 7 IN RE CASEY E.
Petition for review denied
SAN FRANCISCO OCTOBER 11, 2023 1215
S281687 A165061 First Appellate District, Div. 2 PEOPLE v. DOSOUQI
(MALIK)
Petition for review denied
S281690 C095568 Third Appellate District PEOPLE v. SIMPSON
(CHRISTOPHER)
Petition for review denied
S281692 F084361 Fifth Appellate District PEOPLE v. PONCE (ARTHUR
JOSEPH)
Petition for review denied
S281693 E076213 Fourth Appellate District, Div. 2 PEOPLE v. CESENA (JESUS
ARMANDO)
Petition for review denied
S281701 F085348 Fifth Appellate District PEOPLE v. BURCIAGA
(ADRIAN RENDON)
Petition for review denied
S281703 B320512 Second Appellate District, Div. 1 PEOPLE v. ROSSER
(ANTHONY JOHN)
Petition for review denied
S281705 F080399 Fifth Appellate District WASH (MARIA) v. WASH
(JOHN)
Petition for review denied
S281709 C098933 Third Appellate District WINDSOR REDDING CARE
CENTER, LLC v. S.C.
(HEARDEN)
The request for judicial notice is granted.
The petition for review is denied.
SAN FRANCISCO OCTOBER 11, 2023 1216
S281710 E077965 Fourth Appellate District, Div. 2 PEOPLE v. TOPETE
(DANIEL)
Petition for review denied
S281712 B317856 Second Appellate District, Div. 4 ORANGE COUNTY
COUNCIL OF
GOVERNMENTS v.
VELASQUEZ (GUSTAVO);
SOUTHERN CALIFORNIA
ASSOCIATION OF
GOVERNMENTS
Petition for review & publication request(s) denied
S281719 C095488 Third Appellate District WASZCZUK (JAROSLAW) v.
REGENTS OF THE
UNIVERSITY OF
CALIFORNIA
Petition for review denied
S281728 A164019 First Appellate District, Div. 4 NG (TAK LUN) v.
ALEJANDRO (LARRAZOLO)
The petition for review and application for stay are denied.
The request for transfer of the appeal is denied.
S281733 D081640 Fourth Appellate District, Div. 1 CARPENTER (KELSEY) v.
S.C. (PEOPLE)
Petition for review denied
S281734 E079167 Fourth Appellate District, Div. 2 PEOPLE v. RIVERA (ADRIAN
ANTHONY)
Petition for review denied
S281735 D080408 Fourth Appellate District, Div. 1 PEOPLE v. RIVERA
(GLYNDON ZANONI)
Petition for review denied
SAN FRANCISCO OCTOBER 11, 2023 1217
S281738 B330128 Second Appellate District, Div. 5 PEOPLE v. MUNOZ (JOSE
LUIS)
Petition for review denied
S281740 D080565 Fourth Appellate District, Div. 1 PEOPLE v. CORTEZ
(ADRIAN NATHANIEL)
Petition for review denied
Guerrero, C. J., was recused and did not participate.
S281742 H049530 Sixth Appellate District PEOPLE v. ORTEGA
(RICHARD MATTHEW)
Petition for review denied
S281769 F084348 Fifth Appellate District PEOPLE v. ARAUJO (DAVID
ANGEL)
Petition for review denied
S281772 B316892 Second Appellate District, Div. 3 DAHL (JEANETTE) v.
BONTA (ROB)
Petition for review denied
S281776 C096624 Third Appellate District PEOPLE v. VALE (MAURICE
LAMAR)
Petition for review denied
S281780 B318316 Second Appellate District, Div. 4 PEOPLE v. GARCIA
(MOISES)
Petition for review denied
S280563 HIDALGO (JOSE RENE) ON
H.C.
The petition for writ of habeas corpus is denied. (See Pen. Code, § 745, subd. (j)(3).)
SAN FRANCISCO OCTOBER 11, 2023 1218
S280633 RIVERA (CHRISTOPHER
SHANE) ON H.C.
The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner
might be entitled after this court decides People v. Emanuel, S280551.
S280659 WILLIAMS (KIRK
DOUGLAS) ON H.C.
Petition for writ of habeas corpus denied
S280785 ROCHA (RANDY JOE) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780
[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th
750, 767-769 [courts will not entertain habeas corpus claims that are successive]; In re Miller
(1941) 17 Cal.2d 734, 735 [courts will not entertain habeas corpus claims that are repetitive].)
S280792 JOE (WARDELL) ON H.C.
Petition for writ of habeas corpus denied
S280853 ANAYA (ADAM DANIEL) ON
H.C.
The petition for writ of habeas corpus is denied. Individual claims are denied, as applicable. (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 Lindley (1947) 29 Cal.2d 709, 723 [courts will
not entertain habeas corpus claims that attack the sufficiency of the evidence].)
S280892 JOHNSON, JR., (JESSE) ON
H.C.
Petition for writ of habeas corpus denied
S280980 McCONNELL (ALAN) ON
H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO OCTOBER 11, 2023 1219
S281009 THURMAN (KENNETH
LLOYD) 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]; People v. Duvall (1995) 9
Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably available
documentary evidence].)
S281010 ARMENTA (RICHARD) ON
H.C.
Petition for writ of habeas corpus denied
S281012 GOSZTYLA (RICHARD) 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].)
S281016 STEWART (JAREY) ON H.C.
Petition for writ of habeas corpus denied
S281018 GUILLORY (JOVAN RICKY)
ON H.C.
The petition for writ of habeas corpus is denied. (See Pen. Code, § 745, subd. (j)(3).)
S281047 NICHOLS (SAMMIE LEE) ON
H.C.
Petition for writ of habeas corpus denied
S281096 BARBOSA (SERGIO) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Villa (2009) 45 Cal.4th 1063,
1066 [habeas corpus relief is unavailable where the petitioner is not in the custody of California
authorities as a result of the challenged conviction].)
SAN FRANCISCO OCTOBER 11, 2023 1220
S281107 JACKSON (JONATHAN P.)
ON H.C.
The petition for writ of habeas corpus is denied. 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 Waltreus (1965) 62 Cal.2d 218, 225
[courts will not entertain habeas corpus claims that were rejected on appeal]; In re Swain (1949)
34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient facts with
particularity].)
S281653 THOMPSON (DEWAYNE) ON
H.C.
The petition for writ of habeas corpus is denied. 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 Swain (1949) 34 Cal.2d 300, 304 [a
petition for writ of habeas corpus must allege sufficient facts with particularity]; In re Miller
(1941) 17 Cal.2d 734, 735 [courts will not entertain habeas corpus claims that are repetitive].)
S281843 AYALA (JOSE ANTONIO
MALIK) 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].)
S281970 TUCKER (KEVIN A.) ON H.C.
Petition for writ of habeas corpus & application for stay denied
S280742 WHITAKER (BRIAN) v.
KARAGIAS (CHRISTINA A.)
Publication request denied (case closed)
S280952 C098537 Third Appellate District DUNN, SR., (JASON
ANDREW) v. S.C. (PEOPLE)
Publication request denied (case closed)
S280977 B317575 Second Appellate District, Div. 1 TAMAMIAN (JACK HAGOP)
v. DELGADO (MAREK SOTO)
Publication request denied (case closed)
SAN FRANCISCO OCTOBER 11, 2023 1221
S281049 B323064 Second Appellate District, Div. 6 FITNESS INTERNATIONAL,
LLC v. 5900 WILSHIRE
OWNER, LLC
Publication request denied (case closed)
S281195 A164894 First Appellate District, Div. 1 MOORE (SHAWNTE) v.
UNITED PARCEL SERVICE,
INC.
Publication request denied (case closed)
S281312 B314207 Second Appellate District, Div. 3 GOMEZ (MARIA) v.
RELIANT GENERAL
CLAIMS SERVICES, INC.
Publication request denied (case closed)
S281377 D080917 Fourth Appellate District, Div. 1 PEOPLE v. ZEMEK
(MARILYN JOY)
The time for granting or denying review in the above-entitled matter is hereby extended to
November 9, 2023.
S281566 G060892 Fourth Appellate District, Div. 3 CAMACHO (RAUL) v. JLG
INDUSTRIES INC.
The time for granting or denying review in the above-entitled matter is hereby extended to
November 22, 2023.
S281574 G061331 Fourth Appellate District, Div. 3 PEOPLE v. SLATER
(ROBERT IRVING)
The time for granting or denying review in the above-entitled matter is hereby extended to
November 22, 2023.
S212477 PEOPLE v. FRAZIER
(TRAVIS) & NOWLIN
(KENNETH LEE)
Extension of time granted
On application of appellant Kenneth Nowlin, it is ordered that the time to serve and file
appellant’s opening brief is extended to December 19, 2023.
SAN FRANCISCO OCTOBER 11, 2023 1222
S224393 PEOPLE v. HARTS (TYRONE
LEVOID)
Extension of time granted
The application of appellant for relief from default for the failure to timely file appellant’s
application for extension of time is granted.
Based upon counsel Rudolph J. Alejo’s representation that the appellant’s opening brief is
anticipated to be file by February 4, 2024, an extension of time in which to serve and file that
brief is granted to December 4, 2023. After that date, only one further extension totaling about 61
additional days will be granted.
An application to file an overlength brief must be served and filed no later than 60 days before the
anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)
S280018 H049646 Sixth Appellate District CAPITO (TAYLOR) v. SAN
JOSE HEALTHCARE
SYSTEM LP
Extension of time granted
On application of respondent and good cause appearing, it is ordered that the time to serve and file
the answer brief on the merits is extended to November 29, 2023.
S221846 PEOPLE v. HALEY (KEVIN
BERNARD)
Record correction granted
Appellant’s “Motion to Decertify the Record and Remand to the Superior Court for Correction,”
filed on August 15, 2023, is construed as a motion to correct the record on appeal and, so
construed, is granted as follows. The parties to this appeal and the other entities who received a
copy of the reporter’s transcript in the record of this appeal under rules 8.619(f) and 8.622(e) of
the California Rules of Court - the Habeas Corpus Resource Center, the California Appellate
Project in San Francisco, and the Office of the Governor - must within 21 days from the date of
this order return to the Clerk of the superior court their copy of volume 2 of the reporter’s
transcript. Within 45 days from the date of this order, the Clerk of the superior court must: (1)
prepare a new version of this volume of the reporter’s transcript to reflect that pages 146-147 and
150-155 are not sealed and are part of the public record; (2) prepare new indices reflecting this
change; and (3) send the corrected version of the reporter’s transcript and indices to the parties
and others as required in rules 8.619(f) and 8.622(e).
SAN FRANCISCO OCTOBER 11, 2023 1223
S219152 PEOPLE v. NISSENSOHN
(JOSEPH MICHAEL)
Order filed
Respondent’s “Application to Unseal Records,” filed on September 15, 2023, is construed as an
application requesting copies of the documents at issue pursuant to California Rules of Court, rule
8.47(b)(2)(B) and, so construed, is granted. The Clerk is directed to provide respondent with a
copy of the following: (1) Clerk’s Transcript, Penal Code section 987.2 documents, Volume 1,
pages 1-2, 77-78; (2) Clerk’s Transcript, Volume 3, pages 790-791, 802-843; (3) Clerk’s
Transcript, Volume 21, pages 5935-5962; (4) Reporter’s Transcript, Volume 1, pages 264-275;
(5) Reporter’s Transcript, Volume 2, pages 276-384; (6) Reporter’s Transcript, Volume 7, pages
1573-1608.