June, 2000
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GOVERNMENT LAW, REAL ESTATE
Grossmont Healthcare Dist. v. San Diego Hospital Ass'n
S088257 (D031994, D033461; 80 Cal.App.4th 578.)
Petition for review after the Court of Appeal reversed a summary judgment in an action for declaratory and injunctive relief. This case concerns whether the rule that there can be no adverse possession claim on public property applies to bar a statute of limitations defense in an action to recover a leasehold interest in public property that was contractually conveyed to a private party when the transaction is claimed to be void ab initio for violation of the conflict-of-interest prohibitions of Government Code section 1090. 06/28/00
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Update: Review dismissed on 05/2/01.

EMPLOYMENT
Handley v. Worker's Comp. Appeals Bd.
S081568 (H020177)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a decision of the board. The case concerns whether the decision of the board in Phillips v. Sacramento Municipal Utilities Dist. I and II (1998) 62 Cal.Comp. Cases 585, 595, permitting upward modification of death benefits, applies retrospectively to a case in which a stipulated judgment was entered and final prior to the finality of Phillips. 06/28/00
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Update: Review dismissed on 01/10/01.

GOVERNMENT/CONSTITUTIONAL LAW
Konig v. Fair Employment & Housing Comm'n
S087843 (B125249; 79 Cal.App.4th 10.)
Petition for review after the Court of Appeal affirmed the judgment in an action for administrative mandamus. This case concerns whether the Fair Employment and Housing Commission may award damages for emotional distress in its housing discrimination proceedings. 06/28/00
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CRIMINAL
People v. Martin
S087880 (E024083)
Unpublished opinion. Petition for review after the Court of Appeal affirmed in part and reversed in part a judgment of conviction of criminal offenses. The court limited review to the issue of whether "momentary possession" is an element of the defense recognized in People v. Mijares (1971) 6 Cal.3d 415. 06/28/00
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Update: Decision issued on 07/02/01.

CRIMINAL
People v. Moss
S087478 (G024202)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. The court specified for review the issue of whether it should reconsider its holding in In re Tyrell J. (1994) 8 Cal.4th 68, that a peace officer who searches a probationer subject to a search condition does not violate the Fourth Amendment rights of that individual even if the officer is ignorant of the condition. 06/28/00
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Update: Review dismissed on 01/16/02.

EMPLOYMENT
Richards v. CH2M Hill, Inc.
S087484 (C027848; 79 Cal.App.4th 570, mod. 80 Cal.App.4th 976a.)
Petition for review after the Court of Appeal reversed the judgment in a civil action. This case includes an issue concerning the extent to which the continuing violation doctrine permits an employee to recover for a pattern of discriminatory conduct that occurred over a long period of time and that commenced outside the limitation period of the Fair Employment and Housing Act. 06/28/00
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Update: Decision issued on 08/23/01.

CIVIL LITIGATION
Brennan v. Tremco, Inc.
S087204 (B125398; 78 Cal.App.4th 391.)
Petition for review after the Court of Appeal reversed the judgment dismissing a civil action. This case concerns whether a malicious prosecution action may be based on the prosecution of a meritless claim in private, contractual arbitration when the arbitration agreement does not specifically address whether a subsequent malicious prosecution action is permissible. 06/21/00
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Update: Decision issued on 04/16/01.

CONSTITUTIONAL LAW, BUSINESS LAW
Kasky v. Nike, Inc.
S087859. (A086142; 79 Cal.App.4th 165.)
Petition for review after the Court of Appeal affirmed the judgment dismissing a civil action. This case concerns whether allegedly false statements by a company concerning its labor practices, made to induce customers to buy its products, are commercial speech or are constitutionally protected noncommercial speech. 06/21/00
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TRUSTS & ESTATES, CONSTITUTIONAL LAW
Conservatorship of Wendland
S087265 (C029439; 78 Cal.App.4th 517.)
Petition for review after the Court of Appeal reversed a judgment in a conservatorship proceeding. This case concerns whether Probate Code section 2355 authorizes a conservator to withhold life sustaining care from a conservatee who is not in a persistent vegetative state and, if so, whether the statute is constitutional. 06/21/00
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Update: Decision issued on 08/09/01.

CRIMINAL
People v. Brandt
S087352 (A079118.)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. The court ordered briefing deferred pending decision in In re Jorge M., S074270 (#99-3) and Kasler v. Lockyer, S069522 (#98-66), which concern, respectively, the mens rea of the crime of possession of an assault weapon and the constitutionality of the Roberti-Roos Assault Weapons Control Act. 06/14/00
Update: Review dismissed on 10/18/00.

EMPLOYMENT
FirstAmerica Automotive, Inc. v. Sweeney
S087894 (H019813; 79 Cal.App.4th 1207.)
Petition for review after the Court of Appeal reversed an order denying a petition to compel arbitration. This case concerns whether Labor Code section 229, which provides that an action for unpaid wages may be brought by an employee before the Labor Commissioner without regard to the existence of an arbitration agreement, is preempted by the Federal Arbitration Act. The court ordered briefing deferred pending decision of the United States Supreme Court in Circuit City Stores, Inc. v. Adams, 99-1379 (194 F.3d 1070 [9th Cir. 1999]). 06/14/00
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Update: Review dismissed on 04/25/01.

CRIMINAL
People v. Flugham
S087381 (C030529.)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. 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. 06/14/00
Update: Review transferred to the Court of Appeal on 10/17/01.

TORTS
Lopez v. Vovos
S087380 (B125934.)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of nonsuit in a civil action. The court ordered briefing deferred pending decision in Saelzler v. Advanced Group 400, S085736 (#00-37), which concerns the proper standard for determining whether there is a triable issue as to whether the failure of a property owner to provide security was a contributing cause of an injury sustained as a result of a crime committed on the premises and whether the required element of causation may be proved through expert testimony. 06/14/00
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Update: Review transferred to the Court of Appeal on 07/11/01.

CRIMINAL
People v. Smith
S088387 (B129442; 79 Cal.App.4th 1136.)
Petitions for review after the Court of Appeal modified and affirmed judgments of conviction of a criminal offense. The court limited review to the issue whether the People, without having raised the issue in the trial court, may seek correction of the error on appeal when the trial court has imposed a restitution fine but has failed to impose a parole revocation restitution fine in the proper amount. (See Pen. Code, §§ 1202.4, 1202.45.) 06/14/00
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Update: Decision issued on 01/11/01.

CRIMINAL
People v. Valentine
S087446 (B109409; 78 Cal.App.4th 719, mod. 79 Cal.App.4th 719c.)
Petition for review after the Court of Appeal affirmed in part and reversed in part a judgment of conviction of criminal offenses. The court ordered briefing deferred pending decision in Smith, above. 06/14/00
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Update: Review transferred to the Court of Appeal on 04/25/01.