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December 31, 2010

No conferences held on December 29, 2010 and January 5, 2011

The Court is holding no conferences on December 29, 2010 and January 5, 2011.  As a result, the Court will take no action on any pending petitions for review, publication requests or depublication requests.  The Court’s next conference is scheduled for January 12, 2011.

December 30, 2010

“California Chief Justice Ronald George leaves historic legacy”

In today’s Los Angeles Times, Maura Dolan has an excellent, extensive retrospective of Ronald George’s tenure as California’s Chief Justice.  It starts with an interesting insider’s tidbit that I don’t remember hearing before — in what will likely be his most-remembered decision, In re Marriage Cases (2008) 43 Cal.4th 757, George “drafted an opinion . [...]

December 30, 2010

Article discusses the quiet advent of a female majority on the California Supreme Court

Yesterday’s Daily Journal [subscription required] had an interesting article by Laura Ernde about the fact that, when Tani Cantil-Sakauye assumes her duties as Chief Justice in January, the California Supreme Court will have a permanent four-member female majority for the first time in its history.  Ernde’s article rightly points out that the most remarkable aspect [...]

December 28, 2010

Temporary Supreme Court refuses to lift stay of state buildings sale

We noted yesterday that the only apparent remaining hope for completing this year the sale to private investors of numerous state buildings rested with seven temporary justices of the California Supreme Court who were appointed to decide Governor Schwarzenegger’s writ petition seeking to compel the Sixth District Court of Appeal to lift its stay of the sale. This afternoon, the [...]

December 28, 2010

Profile of Chief Justice George

Appellate lawyer Kirk Jenkins of Sedgwick, Detert, Moran & Arnold LLP today posted on one of his firm’s blogs — The Appellate Stategist – the second of a four-part profile of retiring Supreme Court Chief Justice Ronald George.  Yesterday’s post discussed George’s life prior to taking the bench; today’s post covers the early part of his judicial career.

December 27, 2010

Court of Appeal issues order to show cause in state-buildings-sale case

We were wondering whether it would be the Court of Appeal or the Supreme Court that made the next move in the litigation seeking to block the sale to private investors of numerous state buildings, including buildings that house the Supreme Court and two Courts of Appeal.  Now we know it’s the Court of Appeal. This afternoon, [...]

December 27, 2010

Who will rule first in the state-buildings-sale case?

As the clock ticks towards the end of Governor Schwarzenegger’s term — and thus, possibly, the end of the time to complete the sale to private investors of certain state buildings, including the Supreme Court’s (and First and Second District Courts of Appeal’s) homes in San Francisco and Los Angeles — legal proceedings regarding the sale are [...]

December 23, 2010

Summary of December 21, 2010 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Tuesday, December 21, 2010. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for [...]

December 22, 2010

The “new” Supreme Court

Following the recusal of the entire Supreme Court from the state-buildings-sale case, which we reported yesterday, the acting Chief Justice this morning assigned seven Court of Appeal justices as pro tem Supreme Court justices to handle the writ petition:  Justices Richard Aronson, William Bedsworth, and Richard Fybel from the Fourth District, Division Three in Santa Ana; Justice [...]

December 21, 2010

State-buildings-sale case back to the Supreme Court; Supreme Court recuses itself

The lawsuit to block the sale to private investors of a number of state buildings, including the Supreme Court’s San Francisco and Los Angeles homes, is back in the Supreme Court, but, in an extremely rare occurrence, none of the current Supreme Court justices will decide the matter.  As we noted, after the Superior Court denied an injunction [...]

December 19, 2010

Summary of December 15, 2010 conference report for civil cases

In its conference on Wednesday, December 15, 2010, the Court granted no petitions for review in civil cases, no petitions were denied with dissenting justices, and no opinions were ordered published or depublished.  Note that this was the last conference in which retiring Chief Justice Ronald M. George will participate.

December 17, 2010

When seeking review, whether the Court of Appeal opinion is published might matter even more than you think

If you’ve practiced before the California Supreme Court for long, you know that the publication status of a Court of Appeal opinion substantially affects your chances of obtaining review.  This makes sense because the Supreme Court is tasked with “secur[ing] uniformity” in California law (Cal. Rules of Court, rule 8.500(b)), and no conflict can exist [...]

December 15, 2010

Supreme Court will not hear Prop. 14 case

We wrote about the writ petition filed in the Supreme Court to challenge Prop. 14 and how the court had fast-tracked it.  The court today summarily denied the petition.  The reply to the opposition to the petition was filed just six days ago.

December 13, 2010

Chief Justice honors Justice Marvin Baxter’s 20 years on the Court, underscoring the Court’s stability

In this recent press release, retiring Chief Justice Ronald M. George paid tribute to Justice Marvin R. Baxter, who will soon celebrate the 20th anniversary of his taking office as an associate justice of the Supreme Court.  The length of Justice Baxter’s service underscores the Court’s remarkable stability in recent decades.  Justice Joyce Kennard has [...]

December 13, 2010

Writ petition filed — and transferred — in state-buildings-sale case. UPDATE: Stay of sale issued

Plaintiffs’ counsel today made good on his pledge to challenge Friday’s denial of a preliminary injunction to halt the impending sale to private owners of a number of state buildings, including the Supreme Court’s San Francisco and Los Angeles homes.  Plaintiffs filed a writ petition (Epstein v. Superior Court) in the First District Court of Appeal, which, as we noted, [...]

December 10, 2010

A step closer to Supreme Court as tenant

A setback today in the lawsuit seeking to block the sale to private owners of state buildings, including the Supreme Court’s San Francisco and Los Angeles homes.  Despite support for the lawsuit from the Administrative Office of the Courts, a Superior Court judge in San Francisco today denied a preliminary injunction of the sale that is due to close escrow [...]

December 9, 2010

Supreme Court quickly reverses Court of Appeal ruling that an order is not appealable, and remands for consideration of the appeal on its merits

There are times when the Supreme Court acts with remarkable speed, flexibility and decisiveness to guarantee the right to appeal and to have a controversy decided on its merits.  Today’s opinion in Dana Point Safe Harbor Collective v. Superior Court is a prime example.  As we discussed in this post, the City of Dana Point [...]

December 9, 2010

Pro hac vice application fees – we’ve got to balance the budget somehow

We recently explained the need to file new pro hac vice applications at each new level of proceedings in a case that is wending its way up from superior court.  Here’s a related tid bit:   the fee set forth in Government Code 70617 for applications has gone up to $250, effective October 17, 2010.  But [...]

December 8, 2010

No conference held the week of December 6, 2010

The Court is holding no conference today because it is hearing oral argument in Los Angeles.  Accordingly, this week no action will be taken on petitions for review and no opinions will be ordered published or depublished.

December 8, 2010

The long and the short of it

This week gives us more reminders about the great disparity in the amount of time it can take the Supreme Court to decide a case. Yesterday, the court heard oral argument in California Farm Bureau Federation v. State Water Resources Control Board, S150518, more than three and a half years after granting review.  And, according to [...]