CRIMINAL
People v. Marshall
S091666 (B137038; 83 Cal.App.4th 186)
Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. Issues presented include whether failure to instruct on some or substantially all elements of an enhancement, or on a single critical element, is reversible per se. 11/29/00 Read the Case Summary Read the Court of Appeal Opinion
Update: Review dismissed on 11/28/01.
SECURITIES
Greenfield v. Fritz Companies, Inc.
S091297 (A086982; 82 Cal.App.4th 741)
Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. This case concerns whether a cause of action for common law fraud and misrepresentation by a shareholder against a corporation may be premised on allegations that the alleged misrepresentations caused the shareholder not to sell the stock. 11/21/00 Read the Case Summary Read the Court of Appeal Opinion
CRIMINAL
Muelder v. Superior Court
S092645 (B145224)
Unpublished opinion. Petition for review after the Court of Appeal denied writ of prohibition without issuance of an alternative writ. Issues presented include whether the Legislature may require courts to disregard their own final judgments of dismissal notwithstanding the constitutional doctrine of separation of powers. 11/21/00 Read the Case Summary
CIVIL LITIGATION
San Remo Hotel v. City and County of San Francisco
S091757 (A083530; 83 Cal.App.4th 239)
Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. Issues presented include whether a city's exaction of an in lieu fee to permit the conversion of residential hotel rooms to tourist hotel rooms, is subject to heightened scrutiny review. 11/21/00 Read the Case Summary Read the Court of Appeal Opinion
CIVIL LITIGATION TORTS
Winter v. DC Comics
S091998 (B121021)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a summary judgment in a civil action. This case concerns whether the imposition of liability for unauthorized use of the likeness of a deceased person applies only to the use of such likeness in advertising. 11/21/00 Read the Case Summary
Update: Review transferred to the Court of Appeal on 07/25/01.
GOVERNMENT/CONSTITUTIONAL LAW
Filarsky v. Superior Court
S091308 (B139018; 82 Cal.App.4th 1057)
Petition for review after the Court of Appeal denied a petition for peremptory writ of mandate. Issues presented in this case include whether a public agency is authorized to initiate a declaratory relief action regarding the agency's obligation to disclose records to a member of the public who has made a request for such records pursuant to the California Public Records Act. 11/15/00 Read the Case Summary Read the Court of Appeal Opinion
CIVIL LITIGATION TORTS
Jimenez v. Superior Court (T.M. Cobb)
S091453 (D034723; 82 Cal.App.4th 856)
Petitions for review after the Court of Appeal granted a petition for peremptory writ of mandate. Issues presented in this case include whether strict products liability should be extended beyond developers to component part manufacturers in cases of mass-produced homes. 11/15/00 Read the Case Summary Read the Court of Appeal Opinion
CIVIL LITIGATION
Whitfield v. Heckler & Koch, Inc.
S091584 (B134247; 82 Cal.App.4th 1200)
Petition for review after the Court of Appeal affirmed the judgment in a civil action. Issues presented in this case include whether a plaintiff should be able to plead that a gun manufacturer has a duty under negligence law to act reasonably in manufacturing, marketing and distributing military weaponry to the general public. 11/15/00 Read the Case Summary Read the Court of Appeal Opinion
Update: Review dismissed on 10/24/01.
CIVIL LITIGATION
Ortega v. Kmart Corp.
S091888 (B131083; 83 Cal.App.4th 175)
Petition for review after the Court of Appeal affirmed a judgment in a civil action. Issues presented in this case include whether a premises owner can be held liable for negligence in the absence of proof of causation. 11/15/00 Read the Case Summary Read the Court of Appeal Opinion
Update: Decision issued on 12/20/01.
CRIMINAL
People v. McKay
S091421 (B137511; 82 Cal.App.4th 1279)
Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. The case concerns whether Vehicle Code § 40302(b) permits an officer to make a full custodial arrest of an individual who is unable to produce written evidence of identity upon being stopped for a Vehicle Code infraction that is subject to punishment only by a fine. 11/15/00 Read the Case Summary Read the Court of Appeal Opinion
CRIMINAL
People v. Totari
S091459 (H019719)
Unpublished opinion. Petition for review after the Court of Appeal dismissed an appeal from an order denying a motion to vacate judgment. Issues presented in this case include whether the Court of Appeals' dismissal of petitioner's appeal violated petitioner's right to appeal the denial of a post-judgment motion to vacate his conviction. 11/15/00 Read the Case Summary
GOVERNMENT/CONSTITUTIONAL LAW
Great Western Shows, Inc. v. County of Los Angeles
S091547 (9th Cir. No. 99-56605, ___ F.3d ___.)
Request by the United States Court of Appeals for the Ninth Circuit for the answer to certified questions of state law pursuant to rule 29.5 of the California Rules of Court. 11/15/00 Read the Case Summary
GOVERNMENT/CONSTITUTIONAL LAW
Nordyke v. King
S091549 (9th Cir. No. 99-17551; ___ F.3d ___.)
Request by the United States Court of Appeals for the Ninth Circuit for the answer to a certified question of state law pursuant to rule 29.5 of the California Rules of Court. 11/15/00 Read the Case Summary
EMPLOYMENT TORTS
Hooker v. California Dep't of Transp.
S091601 (B128914)
Unpublished opinion. Petition for review after the Court of Appeal reversed the judgment of the trial court in a civil action. Issues presented in this case include whether a cause of action may be sustained against a hirer for injuries to its independent contractor's employees. 11/1/00 Read the Case Summary
Update: Decision issued on 01/31/02.
EMPLOYMENT INSURANCE
Kearney & O'Banion v. State Compensation
S091643 (A088078)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment in a civil action. This case concerns whether workers' compensation insurers can rely upon Insurance Code §11758 to provide them with immunity from their intentional wrongful conduct occurring over a period of time in excess of ten years. 11/1/00 Read the Case Summary
Update: Review transferred to the Court of Appeal on 05/16/01.
CRIMINAL
People v. Diaz
S091158 (C025890; 82 Cal.App.4th 503)
Petition for review after the Court of Appeal affirmed in part and modified in part a judgment of conviction of a criminal offense. Issues presented in this case include whether the three strikes law and the one strike law can both be applied cumulatively to determine the punishment for the same single current count of conviction. 11/1/00 Read the Case Summary Read the Court of Appeal Opinion
CRIMINAL
People v. Mitchell
S090791 (B123823; 82 Cal.App.4th 55)
Petition for review after the Court of Appeal affirmed as modified judgments of conviction of criminal offenses. This case concerns whether the prosecution must seek correction in the trial court of a concededly erroneous abstract of judgment as a necessary prerequisite to requesting the correction be ordered on appeal. 11/1/00 Read the Case Summary Read the Court of Appeal Opinion
Update: Decision issued on 07/19/01.
