May, 2000
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BUSINESS & CONTRACTS
Styne v. Stevens
S086787 (B121208; 71 Cal.App.4th 17.)
Petition for review after the Court of Appeal reversed an order granting a new trial in a civil action. This case concerns whether the one-year statute of limitations of the Talent Agencies Act bars an artist from asserting the invalidity of a contract as a defense to an action brought by an agent even though the artist is not seeking affirmative relief. (See Lab. Code, § 1700.44(c).) 05/31/00
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Update: Decision issued on 07/12/01.

CRIMINAL
People v. Barba
S087310 (G023877; 78 Cal.App.4th 1035.)
Petition for review after the Court of Appeal remanded for resentencing but affirmed a conviction of criminal offenses. The court ordered briefing deferred pending decision in People v. Belcher, S083381 (#99-181) and People v. Jones, S072071 (#99-159) which concern the meaning of the term "single occasion" in Penal Code section 667.61, subdivision (g). 05/31/00
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Update: Review dismissed on 05/23/01.

INSURANCE
Hamilton v. Maryland Casualty Co.
S087346 (A085219; 78 Cal.App.4th 640.)
Petition for review after the Court of Appeal reversed a summary judgment in a civil action. This case concerns whether, when a liability insurer rejects a reasonable settlement offer and the insured thereafter settles with the claimant without the insurer's consent, stipulates to an excess judgment, obtains a good-faith determination and assigns its rights against the insurer to the claimant, the insurer may be held liable for the amount of the stipulated judgment in a subsequent action for bad faith refusal to settle. 05/31/00
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CRIMINAL
People v. Mar,
S086611 (F028945; 77 Cal.App.4th 1284.) Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. The court limited review to the issues of whether use of a stun belt on a criminal defendant during trial requires a showing of "manifest need" under People v. Duran (1976) 16 Cal.3d 282, and, if so, whether there was a proper showing for use of the belt in this case, and if there was not a proper showing, whether the use of the belt was prejudicial. 05/31/00
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INSURANCE
Dart Industries, Inc., v. Commercial Union Ins. Co.
S086518 (B129601; 77 Cal.App.4th 916.)
Petition for review after the Court of Appeal reversed the judgment in a civil action. This case concerns whether and, if so to what extent, an insured, seeking to establish an insurer's duties under a lost insurance policy, must prove the specific language of the policy. 05/24/00
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CRIMINAL
People v. Thomas
S086967 (D031288)
Unpublished opinion. Petition for review after the Court of Appeal affirmed judgments of conviction of criminal offenses. The court deferred briefing pending decision of People v. Lawrence, S070271 (#99-22) which concerns the meaning of the phrases "not committed on the same occasion" and "not arising from the same set of operative facts" for purposes of determining whether consecutive sentencing is mandatory under the three strikes law. 05/24/00
Update: Review transferred to the Court of Appeal on 11/01/00.

BANKING, BUSINESS & CONTRACTS
Aguilar v. Atlantic Richfield Co.
S086738 (D030628; 78 Cal.App.4th 79.)
Petition for review after the Court of Appeal reversed an order granting a new trial. This case includes the issue whether the defendants in an antitrust action under the Cartwright Act are entitled to summary judgment when the evidence produced by the plaintiffs will support an inference of an agreement to fix prices but the evidence also supports an equally strong or stronger inference that the defendants were simply engaged in legitimate business conduct. 05/17/00
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Update: Decision issued on 06/14/01.

CIVIL LITIGATION
Foxgate Homeowners' Assn., Inc. v. Bramalea California, Inc.
S087319 (B124482; 78 Cal.App.4th 653.)
Petition for review after the Court of Appeal reversed an order imposing sanctions in a civil action and remanded. This case concerns whether a mediator may file with a trial court a report of a party's disobedience of the mediator's directions to bring expert witnesses to a mediation session, including revelations of the party's statements and conduct and whether the adverse party may make similar disclosures in a motion for sanctions in light of Evidence Code section 1119 and 1121. 05/17/00
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Update: Decision issued on 07/09/01.

CRIMINAL
People v. Mancebo
S086481 (F028473; 77 Cal.App.4th 1253.)
Petition for review after the Court of Appeal modified and affirmed a judgment of conviction of criminal offenses. This case concerns whether a defendant may be sentenced under the provisions of Penal Code section 667.61 when the pleadings otherwise allege the facts necessary for such sentencing but do not specifically allege them as a circumstance authorizing an increased sentence under that provision. 05/10/00
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CRIMINAL
Miranda on Habeas Corpus
S058528, Original proceeding.
Miranda on Habeas Corpus
S060781, Original proceeding.
These matters, which are related to the automatic appeal People v. Miranda (1988) 44 Cal.3d 57 and a further murder conviction of the same defendant, involve claims the prosecution failed to disclose material exculpatory evidence. 05/10/00

INSURANCE
Sweatman v. Department of Veterans Affairs
S086696. (E022817; 77 Cal.App.4th 1371.)
Petition for review after the Court of Appeal affirmed an order denying a motion for judgment notwithstanding the verdict in a civil case. This case concerns whether the disability coverage the Department of Veterans Affairs provides to cover a home mortgage made by the Department is "insurance" subject to the Insurance Code provisions regarding rescission. 05/10/00
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Update: Decision issued on 03/08/01.

CRIMINAL
People v. Buckhalter
S086220 (B128851)
Unpublished opinion. Petitions for review after the Court of Appeal affirmed a judgment on resentencing in a criminal case. The court limited review to the issue whether the trial court must recalculate custody and conduct credits when it resentences a defendant upon remand for resentencing. 05/10/00
Update: Decision issued on 07/09/01.

CRIMINAL
People v. Hightower
S086456 (A081424; 77 Cal.App.4th 1123.)
Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. 05/10/00
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Update: Review transferred to the Court of Appeal on 10/17/01.

CRIMINAL
People v. Parker
S086289. (E021559.)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. The court ordered briefing deferred in Hightower and Parker pending decision in People v. Metters, S069442 (#98-70), and People v. Cleveland, S078537 (#99-94), which concern the propriety of removing a juror for refusing to deliberate and follow the law. 05/10/00
Update: Review transferred to the Court of Appeal on 10/17/01.