July, 2000
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CIVIL LITIGATION
Birndorf v. Superior Court
S088525. (D034013.)
Unpublished opinion. Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case concerns whether an action to enforce alleged promises relating to financial matters, made during a relationship in which there was a broken promise to marry, was barred by Civil Code section 43.5, subdivision (d). 07/26/00
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Update: Review dismissed on 08/16/00.

EMPLOYMENT
TORTS
Camargo v. Tjaarda Dairy
S088632. (F031741; 79 Cal.App.4th 1088.)
Petition for review after the Court of Appeal reversed a summary judgment in a civil action. This case concerns whether a cause of action for negligent hiring maybe brought against the hirer of an independent contractor by an employee of the independent contractor who was injured in the course of his employment in light of Privette v. Superior Court (1993) 5 Cal.4th 680 and Toland v. Sunland Housing Group (1998) 18 Cal.4th 253. 07/26/00
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Update: Decision issued on 07/05/01.

CRIMINAL
People v. Cornelius
S068743. (D027176; 79 Cal.App.4th 771.)
Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. The court limited review to the issue whether the trial court properly tripled, pursuant to the three strikes law, the 25-year parole eligibility period of a life sentence for rape imposed under the one-strike law. (See Pen. Code, §§ 1170.12, 667.61(a).) 07/26/00
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CRIMINAL
GOVERNMENT/CONSTITUTIONAL LAW
Haynie v. Superior Court
S089115. (B137707; 80 Cal.App.4th 603.)
Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case includes issues concerning whether the exemption from disclosure under the Public Records Act for records of complaints to and investigations by police agencies 1) requires that the prospect of enforcement proceedings be concrete and definite and 2) applies to records created before or during a routine stop. (Gov. Code, § 6254(f).) 07/26/00
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Update: Decision issued on 10/01/01.

CRIMINAL
People v. Russo
S088368. (F027481, F033159; 79 Cal.App.4th 1033.)
Petition for review after the Court of Appeal modified sentence but affirmed a judgment of conviction of criminal offenses and denied a petition for writ of habeas corpus. This case includes the issue whether the jury must unanimously agree on the particular overt act that provides the overt act necessary to convict of the crime of conspiracy. 07/26/00
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Update: Decision issued on 06/28/01.

EMPLOYMENT
GOVERNMENT/CONSTITUTIONAL LAW
Niedle v. Workers Compensation Appeals Board
S089095 (B140258; Unpublished opinion.)
This case includes the question of whether a state statute which penalizes an industrially-injured worker, who was injured in the state of California, for moving to another state, violates the worker's constitutional right to travel as well as the equal protection clause of the fourteenth amendment. 07/26/00
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Summary order issued.

TORTS
GOVERNMENT LAW
Cornette v. Department of Transportation
S089010 (B125741; 80 Cal.App.4th 1239.)
Petition for review after the Court of Appeal reversed the judgment in a civil action. This case concerns whether all issues concerning the applicability of governmental design immunity, including the existence of changed circumstances, present legal questions for resolution by the court or whether some present questions for the jury. (Gov. Code, § 830.6.) 07/19/00
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Update: Decision issued on 07/12/01.

CIVIL LITIGATION
Draper v. Aceto
S088872 (G022560)
Unpublished opinion. Petition for review after the Court of Appeal affirmed an order in a civil case. This case concerns whether an attorney, who has pursued a claim against a third party on behalf of an injured worker, may recover fees pursuant to Labor Code section 3860, subdivision (e), when the settlement with the third party does not exceed the amount of the employer's liens and the worker ultimately does not receive any of the proceeds of the settlement. 07/19/00
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Update: Decision issued on 11/01/01.

CRIMINAL
People v. Montalvo
S088093 (B127941)
Unpublished opinion. Petition for review after the Court of Appeal modified and affirmed judgments of conviction of a criminal offense. The court ordered briefing deferred pending decision in People v. Metters, S069442 (#98-70), and People v. Cleveland, S078537 (#99-94), which concern whether a juror may be properly removed for refusing to deliberate and follow the law. 07/19/00
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Update: Review transferred to the Court of Appeal on 10/17/01.

CRIMINAL
People v. Masloski
S088091 (B134820)
Unpublished opinion. Petition for review after the Court of Appeal reversed a judgment of conviction of a criminal offense. This case includes the issue of whether the trial court had and properly exercised the authority to condition its approval of a plea bargain which set forth a specified sentence upon the defendant's agreement that a greater sentence than that set forth in the plea bargain might be imposed in the event the defendant failed to appear for sentencing. 07/19/00
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Update: Decision issued on 07/05/01.

CRIMINAL
People v. Sanchez
S088025 (E022834)
Unpublished opinion. Petition for review after the Court of Appeal reversed a judgment of conviction of a criminal offense. This case concerns whether two codefendants, who were involved in a gun battle with one another, may both be convicted of the first degree murder of an innocent bystander who was killed by a single bullet fired during the gun battle. 07/19/00
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Update: Decision issued on 08/27/01.

TORTS
Allen v. Sully-Miller Contracting Co.
S088829 (B127946; 80 Cal.App.4th 245.)
Petition for review after the Court of Appeal reversed a judgment in a civil action. The issue to be briefed and argued was limited to whether Civil Code section 3333.4 bars recovery of non-economic losses in an action by an uninsured motorist against a private construction company for premises liability. 07/12/00
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TRUSTS & ESTATES
Estate of Griswold
S087881 (B128933; 79 Cal.App.4th 1380.)
Petition for review after the Court of Appeal reversed an order in a probate proceeding. This case includes the issue of whether confession in another state to charges that led to a judgment of reputed paternity is sufficient to meet the requirements of Probate Code section 6452. This section requires that the parent "acknowledge the child" for purposes of determining whether the parent, or the parent's relatives, may inherit from the child when the child dies intestate. 07/12/00
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Update: Decision issued on 06/25/01.

CIVIL LITIGATION
Lockheed Martin Corp. v. Superior Court
S088458 (E025064; 79 Cal.App.4th 1019.)
Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case concerns whether an action seeking medical monitoring because of contamination of ground water can meet the standards of commonality required for class certification. 07/12/00
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TORTS
Lugtu v. California Highway Patrol
S088116 (D032518; 79 Cal.App.4th 359.)
Petition for review after the Court of Appeal reversed a summary judgment in a civil action. This case concerns whether a law enforcement officer who makes a traffic enforcement stop off the travel lanes of a freeway owes a duty of reasonable care to the occupants of the stopped vehicle so that the officer or his employing agency is potentially liable for injuries when the stopped vehicle is thereafter struck by a vehicle driven by a third party. 07/12/00
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Update: Decision issued on 08/16/01.

CRIMINAL
People v. McCoy
S087893 (C024654; 79 Cal.App.4th 67.)
Petition for review after the Court of Appeal affirmed in part and reversed in part judgments of conviction of criminal offense. This case concerns whether a flawed instruction on imperfect self defense required reversal of murder and attempted murder convictions of both the actual perpetrator and an aider and abettor. 07/12/00
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Update: Decision issued on 06/25/01.

CRIMINAL
People v. Spence
S087865 (C028033; 78 Cal.App.4th 1242.)
Petition for review after the Court of Appeal reversed a judgment of conviction of a criminal offense. The court ordered briefing deferred pending decision in People v. Willis, S079245. 07/12/00
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