Hey, I'm Small Potato. Thanks for downloading my theme. Open the about-box.php file and replace this text with your own message or simply replace it with the bloginfo function and description parameter.

August 31, 2011

Goodwin Liu confirmed as Supreme Court justice

The Commission on Judicial Appointments this afternoon unanimously confirmed Goodwin Liu as the 114th justice of the California Supreme Court.  There was little doubt during the televised hearing about the outcome.  In fact, Justice Liu called it “the most pleasant and enjoyable confirmation process on earth,” adverting to the far more contentious United States Senate proceedings during [...]

August 31, 2011

Governor signs appellate-respondents-fee bill

Get out your checkbooks, respondents and real parties in interest.  Governor Brown yesterday approved the bill, which we’ve mentioned, that imposes a $325 fee for “a party other than” the appellant or petitioner in appeals and writs in the Court of Appeal and Supreme Court.  The fee is to be paid for a party’s “filing its [...]

August 30, 2011

Will cameras one day be a fixture in the California Supreme Court?

This article in the Pittsburgh Post-Gazette discusses the Pennsylvania Supreme Court’s decision, starting next month, to allow two robotic cameras to operate in its courtrooms.  Rebroadcasts of its oral arguments will then be televised on the Pennsylvania Cable Network (PCN), the Commonwealth’s statewide public interest network funded by cable operators.  The decision caps a seven [...]

August 29, 2011

Wednesday’s Goodwin Liu confirmation hearing to be televised

The hearing of the Commission on Judicial Appointments to consider whether to confirm the governor’s nomination of Professor Goodwin Liu to the Supreme Court is just two days away.  The California Channel will televise the hearing, which begins at 3:00 p.m. [UPDATE:  The Mercury News is reporting that Liu "appears to have [a] clear path to [the] California Supreme Court” because, [...]

August 26, 2011

Non-Wednesday review grant in State Bar records confidentiality case

Our summary of actions taken by the Supreme Court in civil cases this week did not report one grant of review because the court granted review in the case yesterday instead of at its weekly conference on Wednesday. The court granted review in Sander v. State Bar, which, according to the Court of Appeal opinion, involves a UCLA law professor’s request [...]

August 25, 2011

Summary of August 24, 2011 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 Wednesday, August 24, 2011.  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 [...]

August 23, 2011

Responding in the appellate courts might cost you

The Legislature last week sent to the Governor a bill that, among other things, would impose fees on parties filing responsive documents in the Supreme Court and the Court of Appeal. Want to file a respondent’s brief?  If the governor signs the bill, you’ll have to pay $325 for the privilege.  And if you then win [...]

August 23, 2011

California Supreme Court supplemental briefs: File early, file often?

Rule 8.520(d)(1) allows parties in Supreme Court cases to file 2,800-word supplemental briefs “limited to new authorities, new legislation, or other matters that were not available in time to be included in the party’s brief on the merits.”  In the latest edition of California Litigation, former Cal Supreme Court research attorney Gary Simms says the [...]

August 22, 2011

Viewing the Prop 8 oral argument

As we’ve previously mentioned, the Supreme Court has set oral argument in Perry v. Brown, S189476, for Tuesday, September 6, at 10 a.m.  In case anyone doesn’t know by now, in Perry, the Court will answer the Ninth Circuit’s certified question regarding whether the proponents of the Proposition 8 ballot measure outlawing gay marriage in [...]

August 18, 2011

Summary of August 17, 2011 conference report for civil cases

In its conference on Wednesday, August 17, 2011, 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.

August 17, 2011

Former Chief Justice George gives insights into inner workings of the California Supreme Court

Ronald M. George, who served on the California Supreme Court for almost 20 years, the last 15 as Chief Justice, and who retired in January of this year, has given an extensive interview in the current issue of The Judges’ Journal, a quarterly publication of the ABA’s Judicial Division.  The far-ranging interview covers such topics [...]

August 15, 2011

Supreme Court gears up for redistricting litigation as Commission certifies maps

The California Citizens Redistricting Commission today certified new maps for California’s Congressional, state legislative, and Board of Equalization districts.  That starts the clock on two deadlines that could bring the Supreme Court into the picture. As we noted, the new constitutional provisions that created the Commission give any California voter 45 days — until September 29 [...]

August 14, 2011

Summary of August 10, 2011 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 Wednesday, August 10, 2011.  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 [...]

August 12, 2011

Five justice majority of the California Supreme Court joins in a concurring opinion

In the Supreme Court’s decision yesterday in People v. Lowery, S179422, we saw a rare procedural oddity: a majority of the Court joined in a concurring opinion.  There, in a unanimous opinion written by Justice Joyce Kennard, the Court held that Penal Code section 140, subdivision(a), which prohibits willful threats of violence against a crime [...]

August 11, 2011

Court to hear redevelopment case, quickly

The Supreme Court today agreed to hear on the merits the writ petition challenging legislation designed to dismantle California’s redevelopment agencies, and the court will do so on an expedited basis.  The court also stayed part of the legislation, Justice Kennard dissenting as to the stay order.  The court is exercising its original jurisdiction – no lower court [...]

August 11, 2011

Supreme Court agrees to answer another Ninth Circuit question

Almost two months ago, the Ninth Circuit asked the California Supreme Court to answer another state law question.  Yesterday, the Supreme Court, as it does more often than not, agreed. However, the court rephrased the question, as permitted under rule 8.548(f)(5).  The Ninth Circuit had asked, “Whether under California negligence law, sheriff’s deputies owe a duty of [...]

August 10, 2011

Liu’s nomination to the California Supreme Court inspires conservative opposition

The governor’s nomination of U.C. Berkeley law professor Goodwin Liu to fill the vacancy on the Court left by retired Justice Carlos Moreno has inspired heated political debate.  As Howard Mintz explains in this article in the Silicon Valley Mercury News, President Obama’s recent nomination of Liu to the U.S. Court of Appeals for the [...]

August 8, 2011

Next up on the Supreme Court fast track: redistricting

The newly formed California Citizens Redistricting Commission — created in the Voters FIRST Act by Proposition 11 in 2008 — is expected to certify its maps of new lines for California’s Congressional, state legislative, and state Board of Equalization districts next week.  If it does, the California Supreme Court will then probably get involved, and on an [...]

August 4, 2011

Article hints at Governor’s possible motivations in nominating Goodwin Liu to the California Supreme Court

The biggest story regarding the Supreme Court last week—aside from the setting of the Prop 8 argument—was the news that Governor Jerry Brown had nominated U.C. Berkeley law prof Goodwin Liu to be the Court’s newest associate justice, replacing retired Justice Carlos Moreno.  This opinion piece by the Sacramento Bee’s Dan Morain suggests a reason for [...]

August 3, 2011

No conference held the week of August 1

The Supreme Court is holding no conference today.  Accordingly, this week no action will be taken on petitions for review and no opinions will be ordered published or depublished.