October, 2000
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BANKING BUSINESS AND CONTRACTS
Amelco v. Thousand Oaks
S091069 (B129406; 82 Cal.App.4th 373.)
Petition for review after the Court of Appeal affirmed a judgment awarding damages for abandonment and breach of contract. Issues presented in this case include whether public works contractors who sue for alleged breach or abandonment of public construction contracts are entitled to a quantum meruit measure of damages. 10/25/00
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Update: Decision issued on 02/04/02. Rehearing petition filed 02/19/02.

EMPLOYMENT
Paul v. Riverside County
S090802 (E024795)
Unpublished opinion. Petition for review after the Court of Appeal reversed a judgment in an action for retaliation under the Fair Employment and Housing Act. Issues presented in this case include what is the responsibility of the Court of Appeal in applying the substantial evidence test under FEHA. 10/25/00
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CRIMINAL
People v. Talibdeen
S090710 (B130967; 81 Cal.App.4th 1055)
Petition for review after the Court of Appeal affirmed in part and modified in part a judgment of conviction of a criminal offense. The California Supreme Court limited the issue to be briefed to whether the erroneous omission of state (Pen. Code § 1464, subd. (a)) and county (Gov. Code § 7600 subd. (a)) penalty assessments may be corrected on appeal even though the People failed to object at sentencing. 10/25/00
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BANKING BUSINESS AND CONTRACTS
INTELLECTUAL PROPERTY
Mycogen v. Monsanto
S090337 (D031046)
Unpublished opinion. Petition for review after the Court of Appeal reversed a judgment for damages. This case concerns whether a plaintiff's success in obtaining declaratory relief and specific performance without seeking damages in an action on a contract creates a res judicata bar to a subsequent action for damages for delay in performing or failure to perform under the initial judgment. 10/25/00
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CRIMINAL
People v. Sousa
S090886 (C030361)
Unpublished opinion. Petition for review after the Court of Appeal affirmed judgments of conviction of criminal offenses. This case concerns whether Penal Code § 654 prohibits convictions and sentences for both violation of Penal Code § 1320.5 (failure to appear while on bail for a felony) and for the enhancement under Penal Code § 12022.1 (commission of a secondary felony while on bail), where both convictions are based upon the same conduct. 10/25/00
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CIVIL LITIGATION
Naegele v. R.J. Reynolds Tobacco Co.
S090420 (A084367; 81 Cal.App.4th 1204.)
Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case concerns whether the 1997 amendment to Civil Code § 1714.45, removing the immunity from products liability actions previously accorded tobacco manufacturers, applies retroactively. 10/18/00
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GOVERNMENT LAW
Utility v. Indian Wells Valley Water Dist.
S091117 (F030932; 82 Cal.App.4th 231.)
Petition for review after the Court of Appeal reversed the judgment in an action for refund of fees. This case concerns whether the 120-day statute of limitations set forth in Government Code § 66022 applies to an action for a refund of excessive capacity charges pursuant to Government Code § 54999.3 and 54999.4. 10/18/00
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Update: Decision issued on 12/17/01.

TORTS
McKown v. Wal-Mart Stores, Inc.
S091097 (E025572; 82 Cal.App.4th 562)
Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case concerns whether an employee of an independent contractor should be permitted to maintain a cause of action against the party who hired the contractor for negligently supplying unsafe equipment. The court ordered briefing deferred pending decision in Camargo v. Tjaarda Dairy, S088632. 10/18/00
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Update: Decision issued on 01/31/02.

EMPLOYMENT
Raney v. California Dep't. of Developmental Services
S091641 (A085907)
Unpublished opinion. Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. This case presents the issue of how the continuing violation doctrine, an equitable exception to the statute of limitations under the Fair Employment and Housing Act, should apply when an employee alleges she was subjected to a pattern of harassment that continued over a lengthy period of time. The court ordered briefing deferred pending decision in Richards v. CH2M Hill, Inc., S087484. 10/18/00
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CRIMINAL
People v. Arevalo
S090491 (E024506)
Unpublished opinion. Issues presented in this case include whether appellant was deprived of his state and federal constitutional right to effective assistance of counsel as guaranteed by the Sixth Amendment to the United States Constitution by the trial court's arbitrary refusal to permit appellant to discharge retained counsel and substitute counsel of choice. The court ordered briefing deferred pending decision in People v. Jones, S072071. 10/18/00
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Update: Review transferred to the Court of Appeal on 05/23/01.

CRIMINAL
People v. Lee
S090527 (A084117)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. Issues presented in this case include whether the Determinate Sentencing Law requires deferential but meaningful review of sentencing choices, or is trial court discretion limited only by statute. The court ordered briefing deferred pending decision in People v. Garcia, S081934. 10/18/00
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Update: Review transferred to the Court of Appeal on 08/08/01.

CRIMINAL
People v. Mooc
S090666 (G023714; 82 Cal.App.4th 636.)
Petition for review after the Court of Appeal reversed a judgment of conviction of a criminal offense. Issues presented in this case include whether, when a trial court has ordered discovery of material from a police officer's personnel records for the court's in camera review under Evidence Code § 1043 et seq.(see Pitchess v. Superior Court (1974) 11 Cal.3d 531), the court must be furnished the complete personnel file of the officer involved and, if so, whether a resulting conviction should be reversed when the entire file has not been furnished. 10/18/00
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Update: Decision issued on 12/24/01.

FAMILY LAW
Renee J. v. Superior Court (Orange County)
S090730 (G026981; 81 Cal.App.4th 1019.)
Petition for review after the Court of Appeal vacated an order from the juvenile court denying reunification services and ordered a new dispositional hearing. This case presents the issue of whether the "reasonable effort" exception described in Welfare and Institutions Code § 361.5(b)(10) applies to subparts (A) and (B) of § 361.5(b)(10) or solely to subpart (B). 10/03/00
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Update: Decision issued on 08/16/01.

CRIMINAL
People v. Miller
S090239 (B127059)
Unpublished opinion. Petition for review after the Court of Appeal modified and affirmed a judgment of conviction of criminal offenses. The court ordered briefing deferred pending decision in People v. Crayton, S085780. 10/03/00
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CRIMINAL
People v. Smith
S090232 (B133309)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. Issues presented in this case include whether the court prejudicially erred in questioning jurors regarding whether any of them had failed to deliberate after one juror requested "clarification of instructions" and whether the subsequent dismissal of a juror constituted prejudicial error. The court ordered briefing deferred pending decision in People v. Cleveland, S078537 and People v. Metters, S069424. 10/03/00
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Update: Review transferred to the Court of Appeal on 10/17/01.

FAMILY LAW
Montenegro v. Diaz
S090699 (E025810; 82 Cal.App.4th 1.)
Petition for review after the Court of Appeal reversed the order of the trial court granting custody of a minor. This case presents the issue of whether the permanency of a child custody agreement created by stipulation renders it a "judicial custody determination" within the meaning of Burgess, thus requiring a showing of substantial changed circumstances in subsequent custody proceeding. 10/03/00
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Update: Decision issued on 07/30/01.

EMPLOYMENT
Pearl v. Workers Compensation Appeals Bd.
S090553 (B125991; 81 Cal.App.4th 1033.)
Petition for review after the Court of Appeal denied a petition for writ of review regarding decision of the Workers' Compensation Appeals Board. Issues presented in this case include whether the Workers' Compensation Act was incorporated into the Public Employees' Retirement Law when the latter was enacted in 1993, thus implicitly amending the definition of what constitutes an "industrially-caused disability" under § 20046 of the Government Code. 10/03/00
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Update: Decision issued on 07/19/01.

CRIMINAL
People v. Kahn
S090153 (G024125)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. Issues presented include whether the trial court committed prejudicial error by failing to issue a unanimity instruction when either of two pieces of contraband could have formed the basis of a defendant's conviction. The court ordered briefing deferred pending decision in People v. Williams, S066106. 10/03/00
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Update: Review dismissed on 10/17/01.