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[PDF page 1]
470
SUPREME COURT MINUTES
WEDNESDAY, APRIL 16, 2025
SAN FRANCISCO, CALIFORNIA
S289305
B339670 Second Appellate District, Div. 1
LEEPER (CHRISTINA) v.
SHIPT, INC.
Review granted on the court’s own motion
Review is ordered on the court’s own motion.
The issues to be briefed and argued are limited to the following: 1.) Does every Private
Attorneys General Act (Lab. Code, § 2698 et seq.) (PAGA) action necessarily include both
individual and non-individual PAGA claims, regardless of whether the complaint specifically
alleges individual claims? 2.) Can a plaintiff choose to bring only a non-individual PAGA
action?
For the purposes of briefing and oral argument, Christina Leeper is deemed the petitioner in this
court. (Cal. Rules of Court, rule 8.520(a)(6).)
Pending review, the opinion of the Court of Appeal, which is currently published at 107
Cal.App.5th 1001, may be cited, not only for its persuasive value, but also for the limited purpose
of establishing the existence of a conflict in authority that would in turn allow trial courts to
exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, to
choose between sides of any such conflict. (See Standing Order Exercising Authority Under
California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with
an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules
of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)
The requests for an order directing depublication of the opinion in the above-entitled appeal are
denied.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S289376
PITT (SUSAN A.) v.
METROPOLITAN TOWER
LIFE INSURANCE
COMPANY
Request for certification granted
The request, made pursuant to California Rules of Court, rule 8.548, that this court decide a
question of California law presented in a matter pending in the United States Court of Appeals for
the Ninth Circuit, is granted.
For the purposes of briefing and oral argument, appellant Susan Pitt is deemed the petitioner in
this court. (Cal. Rules of Court, rule 8.520(a)(6).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
[PDF page 2]
SAN FRANCISCO
APRIL 16, 2025
471
S289196
G063652 Fourth Appellate District, Div. 3
PEOPLE v. MIRANDA (JOSE
LUIS)
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. Rhodius, S283169 (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.
S289269
E083061 Fourth Appellate District, Div. 2
PEOPLE v. MILLER
(HAROLD WILLIAM)
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. Rhodius, S283169 (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.
S289357
G063649 Fourth Appellate District, Div. 3
PEOPLE v. McBATH
(JOSEPH RAY)
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. Rhodius, S283169 (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.
S289428
G063633 Fourth Appellate District, Div. 3
PEOPLE v. EWING (GRANT
CHAMPION)
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. Rhodius, S283169 (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.
[PDF page 3]
SAN FRANCISCO
APRIL 16, 2025
472
S289455
E083170 Fourth Appellate District, Div. 2
PEOPLE v. HOLLOWAY
(ROY SYLVESTER)
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. Rhodius, S283169 (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.
S289541
G063559 Fourth Appellate District, Div. 3
PEOPLE v. BRICENO
(ALBERT FRANCISCO)
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. Rhodius, S283169 (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.
S289549
E082945 Fourth Appellate District, Div. 2
PEOPLE v. MARBLEY, JR.,
(MARION RICK)
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. Rhodius, S283169 (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.
S289560
E082960 Fourth Appellate District, Div. 2
PEOPLE v. ARCHULETA
(RAYMOND ANTHONY)
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. Rhodius, S283169 (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.
[PDF page 4]
SAN FRANCISCO
APRIL 16, 2025
473
S289566
H051441 Sixth Appellate District
PEOPLE v. DRUMMER
(MARCELLOUS)
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.
S289578
E082098 Fourth Appellate District, Div. 2
PEOPLE v. AGUIRRE, JR.,
(JOHNNY RAY)
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. Lopez, S287814 (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.
S289611
G063662 Fourth Appellate District, Div. 3
PEOPLE v. FINKS (BRENDAN
DASHON)
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. Rhodius, S283169 (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.
S289644
B331830 Second Appellate District, Div. 5
PEOPLE v. YOUNG
(DESTINY)
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.
[PDF page 5]
SAN FRANCISCO
APRIL 16, 2025
474
S289702
A168297 First Appellate District, Div. 1
COLON-PEREZ (JENNY-
ASHLEY) v. SECURITY
INDUSTRY SPECIALISTS,
INC.
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 Hohenshelt v. S.C. (Golden State Foods Corp.), S284498 (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.
S289712
C100904 Third Appellate District
PEOPLE v. SCHANUTH
(ARNOLD 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 a related issue in People v. Wiley, S283326 (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.
S289740
G063644 Fourth Appellate District, Div. 3
PEOPLE v. MARTINEZ
(GILBERT)
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. Rhodius, S283169 (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.
S289764
G063658 Fourth Appellate District, Div. 3
PEOPLE v. FELIX (FRANK
ALFRED)
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. Rhodius, S283169 (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.
[PDF page 6]
SAN FRANCISCO
APRIL 16, 2025
475
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S289807
G063651 Fourth Appellate District, Div. 3
PEOPLE v. GENTRY
(EDWARD RAY)
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. Rhodius, S283169 (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.
S285522
JOHNSON (LANDON RYAN)
ON H.C.
Order to show cause issued, returnable in Superior Court
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause,
returnable before the Riverside County Superior Court, why the petition does not satisfy the
statutory requirements for the appointment of counsel under the Racial Justice Act. (Pen. Code, §
1473, subd. (e) [providing for the appointment of counsel for an indigent petitioner who alleges
facts constituting a violation of the Racial Justice Act].) The return must be served and filed on or
before May 16, 2025.
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S288952
H052652 Sixth Appellate District
PAKNAD (MICHELLE) v. S.C.
(INTUITIVE SURGICAL,
INC.)
Petition for review granted; transferred to Court of Appeal, Sixth Appellate District, with
directions to issue an order to show cause
The motion to augment the record is denied, without prejudice to petitioner raising it before the
Court of Appeal.
The petition for review is granted. The matter is transferred to the Court of Appeal, Sixth
Appellate District, with directions to vacate its order denying mandate and to issue an order
directing 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).) The response to the order to show cause should
address the application of People v. Superior Court (Jones) (2021) 12 Cal.5th 348, 361-64
(“Jones”) and Wellpoint Health Networks, Inc. v. Superior Court (1997) 59 Cal.App.4th 110, 126,
128, (as cited in Jones at p. 364) to this matter.
Pending further order of the Court of Appeal, all proceedings in Santa Clara County Superior
Court, Case No. 19CV350641, are hereby stayed.
[PDF page 7]
SAN FRANCISCO
APRIL 16, 2025
476
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S289750
C101181 Third Appellate District
PEOPLE v. CARTER
(DEWAYNE NORMAN)
Petition for review granted; transferred to Court of Appeal, Third Appellate District
The petition for review is granted. The matter is transferred to the Court of Appeal, Third
Appellate District, with directions to vacate its decision and reconsider the cause in light of
People v. Patton (2025) 17 Cal.5th 549 (Cal. Rules of Court, rule 8.528(d)).
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.
S289024
PENRY (RICHARD) ON
CLEMENCY
Letter sent to Governor with the recommendation required by article V, section 8 of the California
Constitution for the Governor to grant clemency
April 16, 2025
The Honorable Gavin Newsom
Governor, State of California
State Capitol Building
Sacramento, CA 95814
Re: Richard Penry
Legal Affairs File No.: GO No. 10-23-00682
Case Number: S289024
Executive Clemency Number: 1256
Dear Governor Newsom:
On the application of Richard Penry for pardon, the court, with at least 4 judges concurring,
hereby makes the recommendation required by Article V, section 8 of the California Constitution
for the Governor to grant a pardon.
Sincerely,
Patricia Guerrero
Chief Justice
[PDF page 8]
SAN FRANCISCO
APRIL 16, 2025
477
S279367
PORCHE (JOSEPH
LAWRENCE), IN RE
The requests for judicial notice are granted.
The applications to seal the records in Case No. S279367 and suppress the case name are 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 seal the records in this case. Further, pursuant to California Rules of Court,
rule 8.90, the clerk of this court is also directed to redact the case name on the docket to reflect
petitioner’s initials: In re P., (J.L.) on Discipline.
The motion to dismiss is denied.
The petition for review is denied.
S288964
B319906 Second Appellate District, Div. 1
CALLEJA (DAISY) v.
UDEWITZ (JONATHAN)
The request for judicial notice is granted.
The motion for leave to cite unpublished Court of Appeal decision is denied.
The petition for review is denied.
The requests for an order directing publication of the opinion are denied.
S289050
D083677 Fourth Appellate District, Div. 1
BEALER (ANTWOINE) v.
COUNTY OF SAN DIEGO
Petition for review denied
S289058
B316745 Second Appellate District, Div. 2
ALLIANCE MARC & EVA
STERN MATH & SCIENCE
HIGH SCHOOL v. PUBLIC
EMPLOYMENT RELATIONS
BOARD (UNITED TEACHERS
LOS ANGELES)
Petition for review denied
S289059
H052687 Sixth Appellate District
ROYAL COACH TOURS,
INC. v. MILETAK (NICK)
The petition for review is denied.
The petition for writ of supersedeas is denied.
S289061
E082173 Fourth Appellate District, Div. 2
IN RE L.L.
Petition for review denied
[PDF page 9]
SAN FRANCISCO
APRIL 16, 2025
478
S289129
E081911 Fourth Appellate District, Div. 2
RAMIREZ (DAISY) v.
COUNTY OF RIVERSIDE
Petition for review denied
S289130
A171174 First Appellate District, Div. 4
NAM (UN HUI FAITH) v. S.C.
(MEDICAL BOARD OF
CALIFORNIA)
Petitioner’s motion to file the unredacted petition for review under seal, filed on February 5, 2025,
is denied. (See Cal. Rules of Court, rules 2.550, 2.551, and 8.46.) Petitioner must notify the
Clerk of this court within 10 days if the unredacted petition for review (lodged conditionally
under seal on February 3, 2025) should be filed unsealed as part of the public record. (See Cal.
Rules of Court, rule 8.46(d)(7).)
The petition for review and application for stay are denied.
S289150
B331076 Second Appellate District, Div. 3
CARVER (TERRY) v.
VOLKSWAGEN GROUP OF
AMERICA, INC.
Petition for review & depublication request(s) denied
S289167
A172259 First Appellate District, Div. 3
PEOPLE v. WILLIAMS (TED
BRANDON)
Petition for review denied
S289173
WELCH-WOODS, GLADYS
GELENE - DECEDENT
Petition for review denied
S289175
E082349 Fourth Appellate District, Div. 2
PEOPLE v. BASS (QUINN
SHINDA)
Petition for review denied
Liu and Evans, JJ., are of the opinion the petition should be granted.
S289185
H051608 Sixth Appellate District
IN RE S.B.
Petition for review denied
[PDF page 10]
SAN FRANCISCO
APRIL 16, 2025
479
S289188
H051701 Sixth Appellate District
PEOPLE v. TAPIA
(HERIBERTO SANDOVAL)
Petition for review denied
S289191
SINGH (RAGHVENDRA) v.
COURT OF APPEAL, THIRD
APPELLATE DISTRICT
(CITY OF ELK GROVE)
The petition for writ of mandate is denied.
S289200
B330404 Second Appellate District, Div. 5
HERNANDEZ (FERNANDO)
v. ALVAREZ (GEORGE)
Petition for review & publication request(s) denied
S289209
YACOUB (ANNETTA) v.
DAWOUD (FREDDY)
Petition for review denied
S289242
D082588 Fourth Appellate District, Div. 1
GREENER (JACK) v. M.
PHELPS, INC.
Petition for review & depublication request(s) denied
S289245
HAMILTON (GEORGE) v.
DEPARTMENT OF
GENERAL SERVICES,
GOVERNMENT CLAIMS
PROGRAM (OGLE)
The petition for writ of mandate is denied.
S289253
A172332 First Appellate District, Div. 2
ALEXANDER (OLGA
CRISTINA) v. S.C.
(ALEXANDER)
Petition for review denied
[PDF page 11]
SAN FRANCISCO
APRIL 16, 2025
480
S289285
A167637 First Appellate District, Div. 4
REESE (JEANIE) v. SELECT
PORTFOLIO SERVICING,
INC.
Petition for review denied
S289399
B334048 Second Appellate District, Div. 2
SATTLEY (JOSH) v. CITY OF
BEVERLY HILLS
Petition for review & publication request(s) denied
S289410
D083151 Fourth Appellate District, Div. 1
PEOPLE v. GATES
(WILLIAM CHARLES)
Petition for review denied
S289434
G065046 Fourth Appellate District, Div. 3
D’ALESSANDRO
(SALVATORE) v. S.C.
(PASSALAQUA)
Petition for review denied
S289442
F084644 Fifth Appellate District
PEOPLE v. GUTIERREZ
(DANIEL)
Petition for review denied
S289450
D083304 Fourth Appellate District, Div. 1
PEOPLE v. LOBATO (JESSE)
Petition for review denied
S289453
E082736 Fourth Appellate District, Div. 2
PEOPLE v. TOWNER
(WILLIAM RAY SPIVEY)
Petition for review denied
S289458
D083071 Fourth Appellate District, Div. 1
PEOPLE v. LOPEZ (CARLOS
ALBERTO)
Petition for review denied
[PDF page 12]
SAN FRANCISCO
APRIL 16, 2025
481
S289472
B337799 Second Appellate District, Div. 1
TENG (MI PING) v.
JPMORGAN CHASE BANK,
N.A.
Petition for review denied
S289491
G062618 Fourth Appellate District, Div. 3
PEOPLE v. HOLMES
(LESHANE JEROME)
Petition for review denied
S289494
C101277 Third Appellate District
TARPIN (SHARIF) v.
CONERLY (CARINA)
Petition for review denied
S289506
B330784 Second Appellate District, Div. 3
PEOPLE v. CAMPOS
(DANNY)
Petition for review denied
S289507
C100472 Third Appellate District
PEOPLE v. LARSON
(ROBERT DEAN)
Petition for review denied
S289510
C099650 Third Appellate District
PEOPLE v. CAMPAZ, JR.,
(CARLOS TOMAS)
Petition for review denied
S289521
B343428 Second Appellate District, Div. 1
LAPONTE (JOHN) ON H.C.
Petition for review denied
S289536
ALEGRIA (JUAN) v.
WORKERS’
COMPENSATION APPEALS
BOARD (PAK’S CABINETS)
The petition for writ of mandate is denied.
Corrigan, J., was recused and did not participate.
[PDF page 13]
SAN FRANCISCO
APRIL 16, 2025
482
S289550
F087698 Fifth Appellate District
PEOPLE v. MORFIN
(ARTURO)
The petition for review is denied without prejudice to any relief to which defendant might be
entitled after this court decides People v. Kopp, S257844.
S289551
B332863 Second Appellate District, Div. 4
PEOPLE v. OM (MORRIS)
Petition for review denied
S289554
B330083 Second Appellate District, Div. 8
PEOPLE v. CRUZ (RICARDO)
Petition for review denied
S289555
B335887 Second Appellate District, Div. 6
PEOPLE v. MORALES
(VIDAL VARGAS)
Petition for review denied
S289556
B332913 Second Appellate District, Div. 3
PEOPLE v. VILLALOBOS
(MARCOS)
Petition for review denied
S289558
D082372 Fourth Appellate District, Div. 1
VILLALVA (MARK) v.
BOMBARDIER MASS
TRANSIT CORPORATION
Petition for review denied
S289565 B330995/B333974 Second Appellate District, Div. 3 PEOPLE v. HAMILTON
(CHRISTOPHER KENJI)
Petition for review denied
S289568
E081487 Fourth Appellate District, Div. 2
PEOPLE v. MACIAS
(MARTIN ROJAS)
Petition for review denied
S289571
F087464 Fifth Appellate District
PEOPLE v. TRUJILLO (JOSE
ANDRES PINEDA)
Petition for review denied
[PDF page 14]
SAN FRANCISCO
APRIL 16, 2025
483
S289574
C098009 Third Appellate District
ASSOCIATED GENERAL
CONTRACTORS OF
CALIFORNIA, INC. v.
DEPARTMENT OF
INDUSTRIAL RELATIONS
Petition for review denied
S289575
HAYES (LAWRENCE P.) v.
S.C. (PEOPLE)
Petition for writ of review & application for stay denied
S289576
D084306 Fourth Appellate District, Div. 1
PEOPLE v. HERNANDEZ
(JOSE FELICIANO)
Petition for review denied
S289577
E081827 Fourth Appellate District, Div. 2
PEOPLE v. ADAMS
(DENETRIC LEROY)
Petition for review denied
S289580
F086385 Fifth Appellate District
PEOPLE v. LARA (PATRICK
ABENICIO)
Petition for review denied
S289582
B334415 Second Appellate District, Div. 1
PEOPLE v. NELSON (SERGIO
DUJUAN)
Petition for review denied
Liu and Evans, JJ., are of the opinion the petition should be granted.
S289588
G064123 Fourth Appellate District, Div. 3
PEOPLE v. CHAROWHAS
(MARK LEE)
Petition for review denied
S289590
F084690 Fifth Appellate District
PEOPLE v. CRUZ (ALVARO
ELVIRA)
Petition for review denied
[PDF page 15]
SAN FRANCISCO
APRIL 16, 2025
484
S289594
B344013 Second Appellate District, Div. 1
ORTEGA (STEVEN C.) v. S.C.
(PEOPLE)
The request for judicial notice is granted.
The petition for review is denied.
S289603
B333270 Second Appellate District, Div. 5
PEOPLE v. GONZALEZ
(ARTURO)
Petition for review denied
S289604
B331767 Second Appellate District, Div. 8
PEOPLE v. QUIROZ
(ALEJANDRO CESAR)
Petition for review denied
S289606
B333813 Second Appellate District, Div. 1
PEOPLE v. CARTER (ERIC
TYRONE)
Petition for review denied
S289607
PERRY (MICHAEL MOSHE)
v. S.C.
Petition for review & application for stay denied
S289608
B332542 Second Appellate District, Div. 6
PEOPLE v. KNESS (ALLEN
REED)
Petition for review denied
S289612
B337230 Second Appellate District, Div. 1
PEOPLE v. GREENWOOD
(LEWIS)
Petition for review denied
S289613
H046931 Sixth Appellate District
PEOPLE v. STEWARD
(AARON LAMONT)
Petition for review denied
S289635
B328655 Second Appellate District, Div. 8
PEOPLE v. LIMON (GLORIA
FELIZ MARIE)
Petitions for review denied
[PDF page 16]
SAN FRANCISCO
APRIL 16, 2025
485
S289636
B336664 Second Appellate District, Div. 3
PEOPLE v. McDERMOTT
(ROHAN)
Petition for review denied
S289637
E083680 Fourth Appellate District, Div. 2
PEOPLE v. LOPEZ (STEVEN)
Petition for review denied
S289638
G064319 Fourth Appellate District, Div. 3
PEOPLE v. TOWNES (BENNY
EUGENE)
Petition for review denied
S289641
NISSANOFF (JONATHAN) v.
APPELLATE DIVISION
(UNITED HEALTHCARE
INSURANCE COMPANY)
Petition for writ of certiorari denied
S289643
H050678 Sixth Appellate District
PEOPLE v. HARO (JACOB)
Petition for review denied
S289647
F086444 Fifth Appellate District
PEOPLE v. RAMOS
(GERARDO CEJA)
Petition for review denied
S289654
H052836 Sixth Appellate District
HERNANDEZ SANTOS
(RENE AARON) v. S.C.
(PEOPLE)
Petition for review denied
S289656
G063266 Fourth Appellate District, Div. 3
PEOPLE v. MENDOZA
(ELPIDIO)
Petition for review denied
S289657
H051842 Sixth Appellate District
IN RE A.S.
Petition for review denied
[PDF page 17]
SAN FRANCISCO
APRIL 16, 2025
486
S289658
F089329 Fifth Appellate District
PEOPLE v. S.C. (CARROLL)
Petition for review denied
S289659
B331219 Second Appellate District, Div. 4
PICH (HEATHER) v.
LASERAWAY, LLC
Petition for review denied
S289662
H052837 Sixth Appellate District
HERNANDEZ (RENE
TRIGUEROS) v. S.C.
(PEOPLE)
Petition for review denied
S289670
D085575 Fourth Appellate District, Div. 1
LAWRIE (MATTHEW) ON
H.C.
Petition for review denied
S289671
F086506 Fifth Appellate District
PEOPLE v. PACHECO
(OCTAVIO MEJIA)
Petition for review denied
S289673
G063302 Fourth Appellate District, Div. 3
PEOPLE v. HERNANDEZ
(JERRY)
Petition for review denied
S289675
G065115 Fourth Appellate District, Div. 3
SANTIAGO (CARLOS JUAN)
v. S.C. (PEOPLE)
Petition for review denied
S289677
A172261 First Appellate District, Div. 3
PEOPLE v. JIMENEZ
(CHRISTIAN ISAIAH)
Petition for review denied
S289678
B324271 Second Appellate District, Div. 6
PEOPLE v. PINTO (ADRIAN
OSWALD)
Petition for review denied
[PDF page 18]
SAN FRANCISCO
APRIL 16, 2025
487
S289679
F086981 Fifth Appellate District
PEOPLE v. SANCHEZ (HUGO
NOE)
Petition for review denied
S289682
E082656 Fourth Appellate District, Div. 2
PEOPLE v. MINJAREZ
(PAUL)
Petition for review denied
S289683
B331308 Second Appellate District, Div. 3
PEOPLE v. SPENCER
(VICTOR)
Petition for review denied
S289686
C102859 Third Appellate District
NEELY (WILLIAM S.) v. S.C.
(PEOPLE)
Petition for review denied
S289693
A171633 First Appellate District, Div. 3
KAAR (SYLVESTER S.) v.
SELECT PORTFOLIO
SERVICING, INC.
Petition for review denied
S289704
B332987 Second Appellate District, Div. 1
PEOPLE v. DENNIS
(NATHANIEL DONIEL)
Petition for review denied
S289713
B332949 Second Appellate District, Div. 5
PEOPLE v. ARRIAGA
(MARIO FRANKIE)
Petition for review denied
S289714
E082651 Fourth Appellate District, Div. 2
PEOPLE v. HURLEY (TAJH
ABRAHAM)
Petition for review denied
[PDF page 19]
SAN FRANCISCO
APRIL 16, 2025
488
S289716
D085577 Fourth Appellate District, Div. 1
LICHTMAN (VALERIE) v.
S.C. (THE CITY OF
CARLSBAD)
Petition for review denied
S289717
C099916 Third Appellate District
PEOPLE v. TRAYLOR
(MELVIN)
Petition for review denied
S289719
C098631 Third Appellate District
PEOPLE v. CORNEJO
(OTONIEL)
Petition for review denied
Liu, J., is of the opinion the petition should be granted.
S289720
A172283 First Appellate District, Div. 3
DOORDASH, INC. v. S.C.
(PEOPLE)
Petition for review denied
S289723
B334072 Second Appellate District, Div. 5
PEOPLE v. ORTEGA
(CESAR)
Petition for review denied
S289725
B335444 Second Appellate District, Div. 7
PEOPLE v. DEBATO
(HANEZE L.)
Petition for review denied
S289726
B333436 Second Appellate District, Div. 1
PEOPLE v. PETTAWAY
(UNDRAE)
Petition for review denied
S289728
A167186 First Appellate District, Div. 4
PEOPLE v. ROSBERG
(AARON)
Petition for review denied
[PDF page 20]
SAN FRANCISCO
APRIL 16, 2025
489
S289730
A169158 First Appellate District, Div. 1
PEOPLE v. EVENSEN
(RICHARD PATRICK)
Petition for review denied
S289731
A168490 First Appellate District, Div. 5
E. (ELLEN) v. C. (PAUL)
Petition for review denied
S289733
A168626 First Appellate District, Div. 2
PEOPLE v. CARRILLO
(FERNANDO)
Petition for review denied
S289743
B335449 Second Appellate District, Div. 3
PEOPLE v. PASA (LEFULEFU
KAIO)
Petition for review denied
S289745
B336084 Second Appellate District, Div. 1
IN RE C.L.
Petition for review denied
S289754
C099468 Third Appellate District
PEOPLE v. GRAYSON
(MICHAEL ANTHONY)
Petition for review denied
S289755
A168929 First Appellate District, Div. 5
PEOPLE v. REYNOSO-
LOZANO (SERGIO)
Petition for review denied
S289772
B328409 Second Appellate District, Div. 8
SCHILL (GREGORY P.) v.
PERERA (LIONEL
MAHINDA)
Petition for review denied
S289776
C103158 Third Appellate District
COLE (JEFFREY MARK) v.
S.C. (PEOPLE)
Petition for review denied
[PDF page 21]
SAN FRANCISCO
APRIL 16, 2025
490
S289779
A170300 First Appellate District, Div. 3
PEOPLE v. CHARLES
(FRANK)
Petition for review denied
S289783
G063160 Fourth Appellate District, Div. 3
PEOPLE v. JORDAN
(RONALD)
Petition for review denied
S289784
F089330 Fifth Appellate District
JESKE (MARCUS ALLEN)
ON H.C.
Petition for review denied
S289803
A169380 First Appellate District, Div. 3
PEOPLE v. ACOSTA
(ALBERTO VINCENT)
Petition for review denied
S289804
E082657 Fourth Appellate District, Div. 2
PEOPLE v. MARTINEZ
(RICHARD)
Petition for review denied
S289809
A172611 First Appellate District, Div. 1
WINFREY (DANGELO) ON
H.C.
The petition for review is denied without prejudice to any relief to which petitioner might be
entitled after this court decides In re Kowalczyk, S277910.
S289810
G063475 Fourth Appellate District, Div. 3
PEOPLE v. IBARRA
(FERNANDO RIOS)
The petition for review is denied without prejudice to any relief to which defendant might be
entitled after this court decides People v. Kopp, S257844.
S289828
H052457 Sixth Appellate District
LIN (SHIXI) v. S.C.
(NORTHEAST SECURITIES
CO., LTD.)
Petition for review denied
[PDF page 22]
SAN FRANCISCO
APRIL 16, 2025
491
S289953
H052994 Sixth Appellate District
QUE (WENBIN) v. S.C.
(NORTHEAST SECURITIES
CO., LTD.)
Petition for review & application for stay denied
S290058
MITCHELL (FREDERICK) v.
CHAWLA (MANJARI)
The petition for writ of mandate and application for stay are denied.
S290088
GOLDSTEIN (FRED) v. S.C.
(DRISKELL)
The petition for writ of mandate and application for stay are denied.
S290110 E079240/E082476 Fourth Appellate District, Div. 2 DE LIGHT (LAURA & JOHN),
MARRIAGE OF
Petition for review & application for stay denied
S290163
A170614 First Appellate District, Div. 4
MALIK (SHAZIA) v.
REGENTS OF THE
UNIVERSITY OF
CALIFORNIA
Petition for review & application for stay denied
S280953
MANJIKIAN (ZAREH) ON
H.C.
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745).
In this respect, petitioner alleges that prosecutor’s closing statements were “an implicit appeal to
biases, stereotypes, and coded language playing on a trope that Armenians were not peaceful and
non-violent like white people from Western Europe.”
The petition fails to make a prima facie showing of entitlement to relief under the Racial Justice
Act. (Pen. Code, § 1473, subd. (e).) As to petitioner’s claims based on allegedly racially
discriminatory language, the allegations of the petition do not support the conclusion that the
language cited by petitioner is racially discriminatory or that it reflects racial bias or animus. (Id.,
§ 745, subd. (a)(1)-(2).)
The petition for writ of habeas corpus is denied.
Liu, J., is of the opinion an order to show cause should be issued.
[PDF page 23]
SAN FRANCISCO
APRIL 16, 2025
492
S281275
JOLIVETTE (PAUL
PATRICK) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745)
and requests the appointment of counsel. In this respect, petitioner claims he was charged and
sentenced in a more severe manner than similarly situated individuals of other races, ethnicities,
and national origins in Solano County.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, § 1473, subd. (e) [providing for the appointment of counsel for an
indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” at this time. (Pen.
Code, § 1473, subd. (e).) The petition fails to allege particularized facts that support a claim that
petitioner was charged, convicted, or sentenced in a more severe manner than similarly situated
individuals of other races, ethnicities, or national origins. (Id., § 745, subd. (a)(3)-(4).) Nor does
petitioner describe or attach supporting documentary evidence concerning these claims.
Petitioner also seeks disclosure of discovery under the Racial Justice Act to obtain evidence
supporting his claims. (See Pen. Code, §§ 745, subd. (d), 1473, subd. (e).) We granted review in
In re Montgomery, S287339 (Montgomery) to consider issues related to discovery requests under
the Racial Justice Act. Because our resolution of the issues presented in Montgomery may affect
the availability of discovery under the Racial Justice Act, which may in turn affect the ability of a
petitioner to plead claims under that statute, the petition for writ of habeas corpus and discovery
request are denied without prejudice to any relief to which petitioner might be entitled after this
court decides Montgomery. (See Pen. Code, § 1473, subd. (e) [“A petition raising a claim [under
the Racial Justice Act] on the basis of new discovery provided by the state or other new evidence
that could not have been previously known by the petitioner with due diligence, shall not be
deemed a successive or abusive petition”].)
S284839
PHILLIPS, JR., (ERIC
JEROME) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745)
and requests the appointment of counsel. In this respect, petitioner claims that because he is
African American, the superior court imposed unaffordable bail and denied him his rights to a
speedy trial and self-representation, his trial counsel and court-appointed mental health experts
uttered “racial threats,” and jail officials harmed him. He further contends the Riverside County
District Attorney has engaged in a practice of systematically charging African American
defendants more severely than similarly situated defendants of other races, ethnicities, or national
origins.
[PDF page 24]
SAN FRANCISCO
APRIL 16, 2025
493
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, §§ 1473, subd. (e) [providing for the appointment of counsel for
an indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” at this time. (Pen.
Code, § 1473, subd. (e).) The petitioner fails to allege particularized facts that support his claims
based on alleged exhibitions of racial bias or that establish petitioner was charged in a more
severe manner than similarly situated individuals of other races, ethnicities, or national origins.
(Id., § 745, subds. (a)(1)-(3).) Nor does petitioner describe or attach supporting documentary
evidence concerning these claims.
Petitioner also seeks disclosure of discovery under the Racial Justice Act to obtain evidence
supporting his claims. (See Pen. Code, §§ 745, subd. (d), 1473, subd. (e).) We granted review in
In re Montgomery, S287339 (Montgomery) to consider issues related to discovery requests under
the Racial Justice Act. Because our resolution of the issues presented in Montgomery may affect
the availability of discovery under the Racial Justice Act, which may in turn affect the ability of a
petitioner to plead claims under that statute, the petition for writ of habeas corpus and discovery
request are denied without prejudice to any relief to which petitioner might be entitled after this
court decides Montgomery. (See Pen. Code, § 1473, subd. (e) [“A petition raising a claim [under
the Racial Justice Act] on the basis of new discovery provided by the state or other new evidence
that could not have been previously known by the petitioner with due diligence, shall not be
deemed a successive or abusive petition”].)
S285127
PHILLIPS, JR., (ERIC
JEROME) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745)
and requests the appointment of counsel. In this respect, petitioner claims that because he is
African American, the superior court imposed unaffordable bail and denied him his right to self-
representation, his trial counsel uttered “racial threats,” and court-appoint mental health experts
made racially biased statements and physically harmed him. He further contends the Riverside
County District Attorney has engaged in a practice of systematically charging African American
defendants more severely than similarly situated defendants of other races, ethnicities, or national
origins.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, §§ 1473, subd. (e) [providing for the appointment of counsel for
an indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” at this time. (Pen.
Code, § 1473, subd. (e).) The petitioner fails to allege particularized facts that support his claims
based on alleged exhibitions of racial bias or that establish petitioner was charged in a more
severe manner than similarly situated individuals of other races, ethnicities, or national origins.
[PDF page 25]
SAN FRANCISCO
APRIL 16, 2025
494
(Id., § 745, subds. (a)(1)-(3).) Nor does petitioner describe or attach supporting documentary
evidence concerning these claims.
Petitioner also seeks disclosure of discovery under the Racial Justice Act to obtain evidence
supporting his claims. (See Pen. Code, §§ 745, subd. (d), 1473, subd. (e).) We granted review in
In re Montgomery, S287339 (Montgomery) to consider issues related to discovery requests under
the Racial Justice Act. Because our resolution of the issues presented in Montgomery may affect
the availability of discovery under the Racial Justice Act, which may in turn affect the ability of a
petitioner to plead claims under that statute, the petition for writ of habeas corpus and discovery
request are denied without prejudice to any relief to which petitioner might be entitled after this
court decides Montgomery. (See Pen. Code, § 1473, subd. (e) [“A petition raising a claim [under
the Racial Justice Act] on the basis of new discovery provided by the state or other new evidence
that could not have been previously known by the petitioner with due diligence, shall not be
deemed a successive or abusive petition”].)
S285216
SUAREZ (JOSE ALFREDO)
ON H.C.
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 and seeks the
appointment of counsel. (Pen. Code, § 745.) In this respect, petitioner alleges that trial counsel's
use of non-verbal cues exhibited bias towards him because of his race.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, § 1473, subd. (e) [providing for the appointment of counsel for an
indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” under the Racial
Justice Act. (Pen. Code, § 1473, subd. (e).) The petitioner fails to allege particularized facts that
support his claims based on alleged exhibitions of racial bias. (Id., § 745, subd. (a)(1), (2); cf. In
re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient
facts with particularity].) Nor does petitioner describe or attach supporting documentary evidence
concerning these claims. (Cf. People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for writ of
habeas corpus must include copies of reasonably available documentary evidence].)
The request for counsel is denied. The petition for writ of habeas corpus is denied.
S285783
WILLIAMS (CHARMAR) 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].)
[PDF page 26]
SAN FRANCISCO
APRIL 16, 2025
495
S285872
PHILLIPS, JR., (ERIC
JEROME) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745)
and requests the appointment of counsel. In this respect, petitioner claims that because he is
African American the superior court imposed unaffordable bail and has not done so for similarly
situated inmates of other races, ethnicities, or national origins. He further contends the Riverside
County District Attorney has engaged in a practice of systematically charging African American
defendants more severely than similarly situated defendants of other races, ethnicities, or national
origins. Finally, he contends the Riverside County Jail maintains inhumane living conditions for
African American and Latino inmates.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, §§ 1473, subd. (e) [providing for the appointment of counsel for
an indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” at this time. (Pen.
Code, § 1473, subd. (e).) The petition fails to allege particularized facts that support his claims
based on alleged exhibitions of racial bias or that establish petitioner was charged in a more
severe manner than similarly situated individuals of other races, ethnicities, or national origins.
(Id., § 745, subds. (a)(1), (a)(3).) Nor does petitioner describe or attach relevant supporting
documentary evidence concerning these claims.
Petitioner also seeks disclosure of discovery under the Racial Justice Act to obtain evidence
supporting his claims. (See Pen. Code, §§ 745, subd. (d), 1473, subd. (e).) We granted review in
In re Montgomery, S287339 (Montgomery) to consider issues related to discovery requests under
the Racial Justice Act. Because our resolution of the issues presented in Montgomery may affect
the availability of discovery under the Racial Justice Act, which may in turn affect the ability of a
petitioner to plead claims under that statute, the petition for writ of habeas corpus and discovery
request are denied without prejudice to any relief to which petitioner might be entitled after this
court decides Montgomery. (See Pen. Code, § 1473, subd. (e) [“A petition raising a claim [under
the Racial Justice Act] on the basis of new discovery provided by the state or other new evidence
that could not have been previously known by the petitioner with due diligence, shall not be
deemed a successive or abusive petition”].)
S286422
BROWN (DURRELL
ANTOINE) ON H.C.
Petition for writ of habeas corpus denied
[PDF page 27]
SAN FRANCISCO
APRIL 16, 2025
496
S287337
HOUT (BORAN) ON H.C.
The petition for writ of habeas corpus has been read and considered. Petitioner contends that he is
entitled to relief under the Racial Justice Act of 2020. (Pen. Code, § 745.) In this respect,
petitioner alleges that the Racial Justice Act sought to eliminate racial bias from the state’s
criminal justice system and that he should be granted appointment of counsel.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, § 1473, subd. (e) [providing for the appointment of counsel for an
indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” under the Racial
Justice Act. (Pen. Code, § 1473, subd. (e).) The petitioner fails to allege particularized facts that
support his claims based on alleged exhibitions of racial bias. (Id., § 745, subd. (a)(1), (2); cf. In
re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient
facts with particularity].) Nor does petitioner describe or attach supporting documentary evidence
concerning these claims. (Cf. People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for writ of
habeas corpus must include copies of reasonably available documentary evidence].)
The petition for writ of habeas corpus is denied.
S287426
SMITH (PATRICK
MICHAEL) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus has been read and considered. Petitioner contends that he is
entitled to relief under the Racial Justice Act of 2020. (Pen. Code, § 745.) In this respect,
petitioner alleges that he received a longer or more severe sentence compared to similarly situated
individuals convicted of the same offense and longer or more severe sentences were more
frequently imposed for the same offense on defendant who share petitioner’s race, ethnicity, or
national origin than on others in Monterey County.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, § 1473, subd. (e) [providing for the appointment of counsel for an
indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” under the Racial
Justice Act at this time. (Pen. Code, § 1473, subd. (e).) The petition fails to allege particularized
facts or provide any supporting evidence that support a claim that petitioner was sentenced in a
more severe manner than similarly situated individuals of other races, ethnicities, or national
origins. (Id., § 745, subd. (a)(4).) Nor does petitioner describe or attach supporting documentary
evidence concerning these claims.
Petitioner also seeks disclosure of discovery under the Racial Justice Act to obtain evidence
supporting his claims. (See Pen. Code, §§ 745, subd. (d), 1473, subd. (e).) We granted review in
In re Montgomery, S287339 (Montgomery) to consider issues related to discovery requests under
the Racial Justice Act. Because our resolution of the issues presented in Montgomery may affect
the availability of discovery under the Racial Justice Act, which may in turn affect the ability of a
[PDF page 28]
SAN FRANCISCO
APRIL 16, 2025
497
petitioner to plead claims under that statute, the petition for writ of habeas corpus and discovery
request are denied without prejudice to any relief to which petitioner might be entitled after this
court decides Montgomery. (See Pen. Code, § 1473, subd. (e) [“A petition raising a claim [under
the Racial Justice Act] on the basis of new discovery provided by the state or other new evidence
that could not have been previously known by the petitioner with due diligence, shall not be
deemed a successive or abusive petition”].)
S287485
PAYNE (RANDY LYNN) ON
H.C.
Petition for writ of habeas corpus denied
Groban and Evans, JJ., are of the opinion an order to show caused should be issued.
S287572
THOMAS (RAYSHON) ON
H.C.
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745).
In this respect, petitioner claims he was racially profiled by the prosecutor, charged on the basis of
race, and denied bail and release on his own recognizance by the trial judge because of racial bias.
He further contends racial animus led to the denial of his request for transcripts and to an
improper redaction of those transcripts.
The petition fails to make a prima facie showing of entitlement to relief under the Racial Justice
Act. (Pen. Code, § 1473, subd. (e).) The petition fails to allege particularized facts that
adequately describe any alleged actions by the prosecutor or the trial judge or how those entities
specifically exhibited racial bias or animus in the handling of petitioner’s arrest or bail hearing.
(Pen. Code, § 745, subd. (a)(1)-(4); cf. In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ
of habeas corpus must allege sufficient facts with particularity].) Nor does petitioner describe or
attach supporting documentary evidence concerning racial bias or animus, such as police reports,
the charging documents, or transcripts of pretrial or trial proceedings. (Cf. People v. Duvall
(1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably
available documentary evidence].)
The petition for writ of habeas corpus is denied.
S287573
GAONA GARDNER (JUAN
JESUS) 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].)
[PDF page 29]
SAN FRANCISCO
APRIL 16, 2025
498
S287784
SARMIENTO (JOSE ELIAS)
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 Lessard (1965) 62 Cal.2d 497, 503
[courts will not entertain habeas corpus claims that raise Fourth Amendment violations].)
S287858
WASHINGTON (RODERICK
NATHANIEL) ON H.C.
Petition for writ of habeas corpus denied
S287860
RIVERA (MICHAEL
ALEXANDER) 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].) Individual
claims are denied, as applicable. (See In re Seaton (2004) 34 Cal.4th 193, 200 [courts will not
entertain habeas corpus claims that could have been, but were not, raised at trial]; 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].)
S287875
SMITH (PATRICK
MICHAEL) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus has been read and considered. Petitioner contends that he is
entitled to relief under the Racial Justice Act of 2020. (Pen. Code, § 745.) In this respect,
petitioner alleges that he was charged or convicted of a more serious offense than defendants of
other races, ethnicities, or national origins who have engaged in similar conduct and are similarly
situated, that prosecutors in Monterey County more frequently sought or obtained convictions for
more serious offenses against people who share his race, ethnicity, or national origin and that he
received a longer or more severe sentence compared to similarly situated individuals convicted of
the same offense and longer or more severe sentences were more frequently imposed for the same
offense on defendant who share petitioner's race, ethnicity, or national origin than on others in
Monterey County.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, § 1473, subd. (e) [providing for the appointment of counsel for an
indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
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SAN FRANCISCO
APRIL 16, 2025
499
Petitioner “has not established a prima facie showing of entitlement to relief” under the Racial
Justice Act at this time. (Pen. Code, § 1473, subd. (e).) The petition fails to allege particularized
facts or provide any supporting evidence that support a claim that petitioner was charged,
convicted, or sentenced in a more severe manner than similarly situated individuals of other races,
ethnicities, or national origins. (Id., § 745, subd. (a)(3)-(4).) Nor does petitioner describe or
attach supporting documentary evidence concerning these claims.
Petitioner also seeks disclosure of discovery under the Racial Justice Act to obtain evidence
supporting his claims. (See Pen. Code, §§ 745, subd. (d), 1473, subd. (e).) We granted review in
In re Montgomery, S287339 (Montgomery) to consider issues related to discovery requests under
the Racial Justice Act. Because our resolution of the issues presented in Montgomery may affect
the availability of discovery under the Racial Justice Act, which may in turn affect the ability of a
petitioner to plead claims under that statute, the petition for writ of habeas corpus and discovery
request are denied without prejudice to any relief to which petitioner might be entitled after this
court decides Montgomery. (See Pen. Code, § 1473, subd. (e) [“A petition raising a claim [under
the Racial Justice Act] on the basis of new discovery provided by the state or other new evidence
that could not have been previously known by the petitioner with due diligence, shall not be
deemed a successive or abusive petition”].)
S288002
PRADO (RUBEN
BALDEMAR) ON H.C.
Petition for writ of habeas corpus denied
S288019
KHA (TUE THANH TRI) ON
H.C.
Petition for writ of habeas corpus denied
S288033
VILLALPANDO (MACARIO)
ON H.C.
Petition for writ of habeas corpus denied
S288037
WAXLAX (CHARLES
KENNETH) 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].)
S288138
RUIZ (JASON ROBERT) ON
H.C.
Petition for writ of habeas corpus denied
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SAN FRANCISCO
APRIL 16, 2025
500
S288190
HOUT (BORAN) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus has been read and considered. Petitioner contends that he is
entitled to relief under the Racial Justice Act of 2020. (Pen. Code, § 745.) In this respect,
petitioner alleges that he was charged or convicted of a more serious offense than defendants of
other races, ethnicities, or national origins who have engaged in similar conduct and are similarly
situated, that prosecutors in Los Angeles County more frequently sought or obtained convictions
for more serious offenses against people who share his race, ethnicity, or national origin and that
he received a longer or more severe sentence due to the race of one of the victims than other
similarly situated defendants in cases with victims of a different race, ethnicity, or national origin
in Los Angeles County.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, § 1473, subd. (e) [providing for the appointment of counsel for an
indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The request for counsel is denied.
Petitioner “has not established a prima facie showing of entitlement to relief” under the Racial
Justice Act at this time. (Pen. Code, § 1473, subd. (e).) The petition fails to allege particularized
facts or provide any supporting evidence that support a claim that petitioner was charged,
convicted, or sentenced in a more severe manner than similarly situated individuals in cases with
victims of a different race, ethnicity, or national origin. (Id., § 745, subd. (a)(3)-(4).) Nor does
petitioner describe or attach supporting documentary evidence concerning these claims.
Petitioner also seeks disclosure of discovery under the Racial Justice Act to obtain evidence
supporting his claims. (See Pen. Code, §§ 745, subd. (d), 1473, subd. (e).) We granted review in
In re Montgomery, S287339 (Montgomery) to consider issues related to discovery requests under
the Racial Justice Act. Because our resolution of the issues presented in Montgomery may affect
the availability of discovery under the Racial Justice Act, which may in turn affect the ability of a
petitioner to plead claims under that statute, the petition for writ of habeas corpus and discovery
request are denied without prejudice to any relief to which petitioner might be entitled after this
court decides Montgomery. (See Pen. Code, § 1473, subd. (e) [“A petition raising a claim [under
the Racial Justice Act] on the basis of new discovery provided by the state or other new evidence
that could not have been previously known by the petitioner with due diligence, shall not be
deemed a successive or abusive petition”].)
S288191
WASHINGTON (RODERICK
NATHANIEL) 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]; 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].)
[PDF page 32]
SAN FRANCISCO
APRIL 16, 2025
501
S288346
SINGH (HARMANPREET) 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].)
S288927
CUELLAR (TRAVIS JUSTIN)
ON H.C.
Petition for writ of habeas corpus denied
S289341
TAYLOR (MATTHEW
SCOTT) v. S.C. (PEOPLE)
The petition for writ of mandate is construed as a petition for writ of habeas corpus.
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among
other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745).
In this respect, petitioner claims the superior court erred by failing to consider his Racial Justice
Act claims with his petition for recall and resentencing pursuant to Penal Code section 1172.6 and
that the superior court’s denial of the Racial Justice Act claim was motivated by bias and
discrimination.
The petition does not satisfy the statutory requirements for the appointment of counsel under the
Racial Justice Act. (Pen. Code, § 1473, subd. (e) [providing for the appointment of counsel for an
indigent petitioner who alleges facts that would establish a violation of the Racial Justice Act].)
The petition also fails to make a prima facie showing of entitlement to relief under the Racial
Justice Act. (Pen. Code, § 1473, subd. (e).) The petition fails to allege particularized facts that
adequately describe any alleged actions and how they reflected racial bias or animus. (Pen. Code,
§ 745, subd. (a)(1); cf. In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus
must allege sufficient facts with particularity].) Nor does petitioner describe or attach supporting
documentary evidence concerning racial bias or animus or the use of racially discriminatory
language. (Cf. People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus
must include copies of reasonably available documentary evidence].)
The petition for writ of habeas corpus is denied.
S289397
MACKLIN (EDWARD) 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].)
[PDF page 33]
SAN FRANCISCO
APRIL 16, 2025
502
S289785
WAXLAX (CHARLES
KENNETH) 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].)
S289957
WILLIAMS (G. GREGORY)
ON H.C.
The petition for writ of habeas corpus or other appropriate relief and application for stay are
denied.
S289163
B327598 Second Appellate District, Div. 1
LOPEZ (VIVEANA) v.
COUNTY OF LOS ANGELES
Publication request denied (case closed)
S289169
G064303 Fourth Appellate District, Div. 3
IN RE A.H.
The time for granting or denying review in the above-entitled matter is hereby extended to
May 29, 2025.
S289537
H050893 Sixth Appellate District
PEOPLE v. CARRILLO
(URIEL)
The time for granting or denying review in the above-entitled matter is hereby extended to
May 29, 2025.
S239552
PEOPLE v. WASHINGTON
(DARNELL KEITH)
Extension of time granted
On application of appellant, it is ordered that the time to serve and file appellant’s opening brief is
extended to June 20, 2025.
S286520
B328333 Second Appellate District, Div. 1
PEOPLE v. ALLEN (DAVID
LEE)
Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file
the opening brief on the merits is extended to May 16, 2025. No further extensions are
contemplated.
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SAN FRANCISCO
APRIL 16, 2025
503
S287261
A169465 First Appellate District, Div. 4
MAYOR (JOSEPH) v.
WORKERS’
COMPENSATION APPEALS
BOARD & ROSS VALLEY
SANITATION DISTRICT
Extension of time granted
On application of amicus curiae, American Property Casualty Insurance Association, and good
cause appearing, it is ordered that the time to serve and file the amicus curiae brief is extended to
June 2, 2025.
S052210
PEOPLE v. RODRIGUEZ
(JERRY)
Order filed
This court’s June 21, 2023 order granting appellant’s application for an order staying the
automatic appeal is modified as follows.
On the court’s own motion, the limited stay under the court’s prior order is extended to permit
further proceedings, including appeal, related to the superior court’s denial of appellant’s petition
for resentencing under Penal Code section 1172.6. (See People v. Rodriguez (app. received Sept.
10, 2024, F088607).)
Appellant’s obligation to file monthly status updates is vacated. Appellant shall serve and file
status updates with this court regarding the status of the Penal Code section 1172.6 proceedings
no later than every 90 days. The first such report is due no later than July 15, 2025.
Notwithstanding this schedule, appellant shall promptly serve and file with this court notification
of when the Court of Appeal: (1) appoints counsel; and (2) disposes his appeal.
If appellant contends any changes in the law (including any ameliorative statute) since the filing
of his supplemental reply brief are relevant to this appeal, excluding any relief permitted by Penal
Code section 1172.6, appellant shall serve and file a second supplemental opening brief not to
exceed 50 pages on or before June 4, 2025, addressing those changes and their relevance to this
case. Within 30 days after any second supplemental opening brief has been filed pursuant to this
order, the People may serve and file a second supplemental answering brief, not to exceed 50
pages in length. Appellant may thereafter serve and file a reply, not to exceed 25 pages in length,
within 20 days after the People have filed their second supplemental answering brief.
Other than the reporting and briefing obligations set forth above, proceedings in this appeal,
including oral argument, remain stayed pending further order of this court.
[PDF page 35]
SAN FRANCISCO
APRIL 16, 2025
504
S289329
HAZLE (DECOY A.) v. S.C.
(PEOPLE)
Motion to file document under seal denied
Defendant’s application to file the unredacted petition for writ of certiorari under seal is denied.
(Cal. Rules of Court, rules 2.550(d), 8.46(d)(6).) The clerk of this court is directed to return the
unredacted petition for writ of certiorari lodged conditionally under seal to defendant, unless
defendant notifies the clerk in writing within 30 days after the date of this order that the lodged
petition for writ of certiorari is to be filed as part of the public record. (See Cal. Rules of Court,
rule 8.46(d)(7).)
S289536
ALEGRIA (JUAN) v.
WORKERS’
COMPENSATION APPEALS
BOARD (PAK’S CABINETS)
Order filed
Petitioners’ request for permission to file an amended petition for writ of mandate is hereby
denied.
[PDF page 36]
SAN FRANCISCO
APRIL 16, 2025
505
SUPREME COURT OF CALIFORNIA
ORAL ARGUMENT CALENDAR
SAN FRANCISCO SESSION
MAY 6 AND 7, 2025
The following cases are placed upon the calendar of the Supreme Court for hearing at its
courtroom in the Ronald M. George State Office Complex, Earl Warren Building, 350 McAllister Street,
Fourth Floor, San Francisco, California, on May 6 and 7, 2025. The public may attend in person and also
have access to argument via live-streaming on the judicial branch website: https://supreme.courts.ca.gov/.
TUESDAY, MAY 6, 2025 — 9:00 A.M.
(1)
In re Ja.O. et al., S280572
(2)
EpicentRx, Inc. et al. v. Superior Court of San Diego County (EpiRx, L.P., Real Party in
Interest), S282521
(3)
Taking Offense v. State of California, S270535
1:30 P.M.
(4)
People v. Choyce (William Jennings), [Automatic Appeal], S169090
WEDNESDAY, MAY 7, 2025 — 9:00 A.M.
(5)
People v. Faial (Jerry Anthony), S273840
(6)
People v. Dain (Yacob), S283924
(7)
People v. Dunn (Aaron Norman), [Automatic Appeal], S184521
1:30 P.M.
(8)
People v. Bankston (Anthony George), [Automatic Appeal], S044739
GUERRERO
Chief Justice
If exhibits are to be transmitted to this court, counsel must apply to the court for permission.
(See Cal. Rules of Court, rule 8.224(c).)