March, 2000
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CRIMINAL
Albertson v. Superior Court
S085899 (B135604, 77 Cal.App.4th 431.)
Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case concerns whether a district attorney who is pursuing an action for commitment as a sexually violent predator is entitled to the records of the defendant's mental health treatment in the state hospital subsequent to the filing of the petition for commitment and whether those records fall within the provisions of Welfare and Institutions Code section 5328 relating to confidentiality. 03/29/00
Update: Decision issued on 06/04/01.

CRIMINAL
People v. Cardenas
S085248 (B125574)
Unpublished opinion. Petition for review after the Court of Appeal modified and affirmed a judgment of conviction. The court ordered briefing deferred pending finality of People v. Tillman, 22 Cal.4th 300, which concerns whether a Court of Appeal may decline to consider a claim the trial court failed to impose a mandatory fine when the People have not first sought correction in the trial court. 03/29/00
Update: Review transferred to the Court of Appeal on 05/24/00.

CRIMINAL
People v. Crayton
S085780 (B125826, 77 Cal.App.4th 307.)
Petition for review after the Court of Appeal modified and affirmed a judgment of conviction of criminal offenses. The court limited review to whether the trial court erred in failing to obtain an express waiver of the right to counsel in superior court when defendant expressly waived the right to counsel in municipal court, and, if so, what prejudicial error standard applies. 03/29/00

CRIMINAL
People v. Hyun
S085576 (G024340, 77 Cal.App.4th 385.)
Petition for review after the Court of Appeal reversed a judgment of conviction of a criminal offense. The court deferred briefing pending decision in People v. Rubalcava, S081209 (#99-167), which concerns the mens rea of the crime of carrying a concealed dirk or dagger. 03/29/00
Update: Review transferred to the Court of Appeal on 09/13/00.

CRIMINAL
People v . Kelley
S085323 (D030556)
Unpublished opinion. Petition for review after the Court of Appeal reversed an order of commitment as a sexually violent predator. The court ordered briefing deferred pending decision in People v. Torres, S079575 (#99-124), which concerns whether the finder of fact in a sexually violent predator proceeding must determine whether the prior acts were predatory. 03/29/00
Update: Order filed 07/25/01 holding for new lead case.

TORTS
Saelzler v. Advanced Group 400
S085736 (B125896, 77 Cal.App.4th 1001.)
Petition for review after the Court of Appeal reversed a summary judgment in a civil action. Concerns whether evidence of a complete absence of security measures in a housing complex where criminal activity was both common and notorious establishes a triable issue as to whether the landowner's breach of duty was a contributing cause of crimes committed at the unsecured location. 03/29/00
Update: Decision issued on 05/31/01.

CRIMINAL
People v. Tobias
S0085471 (H018424, 77 Cal.App.4th 38.)
Petitions for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. The court limited review to the issues of whether, in a prosecution for incest with a minor, the trial court erred by failing to give sua sponte cautionary instructions on accomplice testimony and, if so, whether the error was prejudicial per se or subject to harmless error analysis. 03/29/00
Update: Decision issued on 04/26/01.

CRIMINAL
People v. Trevino
S085410 (B118891, B134606; 77 Cal App.4th 463.)
Petition for review after the Court of Appeal affirmed in part and reversed in part a judgment of conviction of a criminal offense. This case concerns whether a prior murder conviction special circumstance may be based on a conviction incurred in another state at a time when, had the conduct occurred in California, the defendant would have been within the exclusive jurisdiction of the juvenile court. 03/29/00
Update: Decision issued on 07/26/01.

CRIMINAL
People v. Vasquez
S085584 (B127211.)
Unpublished opinion. Petition for review after the Court of Appeal reversed an order committing as a sexually violent predator. This case concerns whether an out of state conviction that has been expunged under procedures similar to those of Penal Code section 1203.4 may be used as a predicate offense for commitment as a sexually violent predator. 03/29/00
Update: Decision issued on 07/05/01.

OTHER
Flanagan v. Flanagan
S085594 (B122810, 77 Cal.App.4th 122.)
Petition for review after the Court of Appeal modified and affirmed the judgment in a civil action. This case concerns whether a "confidential communication" within the meaning of the proscription on recording such communications without consent encompasses any communication that the participants do not intend to be overheard as it occurs or if it is limited to those communications that were also intended to remain secret. (See Pen. Code, § 632.) 03/22/00

CRIMINAL
People v. Leyran
S085345 (B128175)
Unpublished opinion. Petition for review after the Court of Appeal affirmed an order denying a motion to vacate judgment. The court ordered briefing deferred pending decision in People v. Superior Court (Zamudio), S073031 (#98-158), which concerns whether a non-citizen, whose guilty plea was not accompanied by the full advice on possible immigration consequences required by Penal Code section 1016.5, is entitled to withdraw that plea without a showing of prejudice. 03/22/00
Update: Review dismissed on 11/15/00.

CRIMINAL
People v. Dacayana
S085498 (B122454, 76 Cal.App.4th 1334.)
Petition for review after the Court of Appeal affirmed an order of commitment as a sexually violent predator. The court ordered briefing deferred pending decision in People v. Torres, S079575 (#99-124), which concerns whether the finder of fact in a sexually violent predator proceeding must determine whether the prior acts were predatory. 03/22/00
Update: Order filed 07/25/01 holding for new lead case.

EMPLOYMENT
Currie v. Workers' Comp. Appeals Bd.
S085652 (B136767)
No underlying opinion. Petition for review after the Court of Appeal denied a petition for writ of review. This case concerns whether prejudgment interest is available on an award of back pay made pursuant to Labor Code section 132a based upon a finding that the employer wrongfully refused to reinstate an employee who had sustained an industrial injury. 03/15/00
Update: Decision issued on 02/26/01.

CRIMINAL
People v. Hinger
S085218 (G023616)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. This case concerns whether a routine traffic stop provided justification for a search of the vehicle interior to locate vehicle registration documents where the driver could not produce any identification or registration documents, the police officer's safety was not under threat, no one had been taken into custodial arrest, and there was no probable cause to believe a search would produce contraband. 03/15/00
Update: Decision issued on 01/24/02.

CRIMINAL
In re Arturo D.
S085213 (A085945, 77 Cal.App.4th 160.)
Petition for review after the Court of Appeal reversed an order of the juvenile court. This case concerns whether a routine traffic stop provided justification for a search of the vehicle interior to locate vehicle registration document(s) in the absence of either a custodial arrest or probable cause to believe a search would produce contraband. 03/15/00
Update: Decision issued on 01/24/02.

CRIMINAL
People v. Palmer
S085029 (E022373)
Unpublished opinion. Petition for review by defendant Price after the Court of Appeal modified and affirmed judgments of conviction. The court limited review to issues concerning whether one defendant's conviction of conspiracy to commit murder and of attempted premeditated murder can be sustained when the codefendant was acquitted of conspiracy and convicted only of attempted murder. 03/15/00
Update: Decision issued on 01/18/01.

CIVIL LITIGATION
Ramirez v. Circuit City Stores, Inc.
S085000 (A085701, 76 Cal.App.4th 1229.)
Petition for review after the Court of Appeal affirmed an order denying a motion to compel arbitration. The court ordered briefing deferred pending decision in Armendariz v. Foundation Health Psychcare Services, Inc., S075942 (#99-32) which presents issues concerning the enforceability of an arbitration agreement that is claimed to be unconscionable. 03/15/00
Update: Review dismissed on 10/18/00.

GOVERNMENT/CONSTITUTIONAL LAW
Levy v. Pacificare of California
S085550 (E022431; 77 Cal.App.4th 9.)
Petition for review after the Court of Appeal affirmed a judgment dismissing a civil action. The court ordered briefing deferred pending decision in McCall v. PacifiCare of Cal., Inc., S082236 (#99-187), which concerns whether state law claims against a health maintenance organization, arising out of a refusal to provide services under a Medicare-subsidized health plan, fall within the exclusive review provisions of the Medicare Act requiring exhaustion of administrative remedies. 03/15/00
Update: Review transferred to the Court of Appeal on 08/15/01.

ENVIRONMENTAL, GOVERNMENT
Friends of Sierra Madre v. City of Sierra Madre
S085088 (B129139, 76 Cal.App.4th 1061.)
Petition for review after the Court of Appeal reversed the judgment in an action for writ of mandate. This case concerns 1) whether the actions of the city resulting in a ballot measure proposing to remove certain properties from the city's register of historic places constitute a "project" within the meaning of the California Environmental Quality Act and 2), if so, whether a court may set aside the election at which the measure was approved because of the city's failure to obtain an environmental impact report. 03/01/00
Update: Decision issued on 03/29/01.

ENVIRONMENTAL, GOVERNMENT
Hoechst Celanese Corp. v. Franchise Tax Board
S085091 (C030702, 76 Cal.App.4th 914, mod. 77 Cal.App.4th 512b.)
Petition for review after the Court of Appeal reversed the judgment in an action for refund of taxes. The case concerns this issue: When a multistate corporation amends its pension plan so that appreciated funds that exceed the amount necessary to cover its pension liabilities revert to the corporation, is the income obtained by the corporation "business income" (which is apportioned among, and taxable by, all jurisdictions in which the company does business) or "nonbusiness income" (which is allocated to, and taxable by, only the state in which the corporation is domiciled)? 03/01/00
Update: Decision issued on 05/14/01.

CRIMINAL
People v. Tatum
S084729, C028819
Review granted and cause transferred to the Third District with directions to vacate its decision and to reconsider the cause after unsealing those portions of the in camera transcripts of January 9 and 16, 1998, that are relevant to the issues raised on appeal and allowing parties to file supplemntal briefs. 03/01/00

CRIMINAL
People v. Woodson
S085092, A083204
Review granted and action deferred pending consideration and disposition of related issue in People v. Ansell, S079744, or further order of the court. 03/01/00
Update: Review dismissed on 11/14/01.

CONSTITUTIONAL LAW
O'Brien v. Secretary of State Bill Jones
Review Granted: Concerns whether recent amendments to Business and Professions Code 6079.1 and 6086.65(a)divesting the California Supreme Court of the power to appoint three of the five hearing judges of the State Bar Court is constitutional. 03/01/00

CRIMINAL
People v. Lugas
S085015, H018805
Review granted and action deferred pending consideration and disposition of related issue in People v. Ansell, S079744, or further order of the court. 03/01/00
Update: Review dismissed on 11/14/01.