(HC) Singh v. California State

FACTS

14 Defendant and Surender knew each other because they were from the same 15 village in India. They were both truck drivers but worked for different companies. About 10 or 15 days before the charged incident, defendant called Surender, said 16 he wanted to work for Surender’s employer, and asked for the telephone number. Surender said he would talk to his company and let defendant know. 17 On the evening of November 28, 2020, defendant again called Surender, who 18 lived in Bakersfield. Surender missed the call, called defendant back, and invited him to his house. Defendant said he was at a truck stop in Tulare, asked Surender 19 to meet him there, and again asked for the trucking company’s telephone number.

20 Surender picked up his friend, Mukesh Kumar (Mukesh), and drove to the Flying J. Truck Stop in Tulare. Surender did not drink anything before he left 21 Bakersfield.

22 Sometime after midnight on November 29, 2020, Surender and Mukesh arrived at the truck stop. They found defendant sitting in his semitruck that was parked in 23 the lot. Surender parked his Audi vehicle near the truck, and …