Presumably everyone reading this blog knows that the Supreme Court has the power to grant review on its own motion even when no petition for review has been filed. But did you know that the court can exercise that same power even when a petition for review has been filed? California Rules of Court, rule [...]

As an update to our December 7 and December 15 posts regarding Brinker Restaurant Corp. v. Superior Court, S166350, we note that Kim Kralowec at The UCL Practitioner has also remarked on the Supreme Court’s unusual decision to accept amicus briefing after oral argument and to vacate submission of the matter.  She has posted the [...]

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, January 25, 2012.  The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) [...]

The Supreme Court set a special hearing for the writ petition challenging the new map of the State Senate districts.  Now it’s also having a special filing of its opinion in the case.  Instead of a normal filing on a Monday or Thursday, the court today announced the opinion will issue tomorrow at 10:00 a.m. When the court [...]

As we’ve mentioned in the past, the Chief Justice has leveled harsh criticism at the backers of AB 1208, the Trial Court Rights Act.  If passed, the bill would substantially shift power and control over court funding from the Judicial Council and the Administrative Office of the Courts (AOC) to local trial courts.  Perhaps no [...]

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, January 18, 2012.  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 [...]

Today the Supreme Court resolved an unsettled issue about recoverable costs in California appeals. In its decision in Rossa v. D. L. Falk Co. (No. S183523), the court addressed whether California Rules of Court, rule 8.278(d)(1)(F), which permits a successful appellant to recover “the cost to obtain a letter of credit as collateral,” allows the [...]

The Ninth Circuit yesterday asked the California Supreme Court to answer a question that will help the federal appeals court decide which school district is responsible for a student’s special education costs.  In Los Angeles Unified School District v. Garcia, the Ninth Circuit asked:  “Does California Education Code § 56041 — which provides generally that for qualifying [...]

The Supreme Court issued its opinion yesterday in O’Neil v. Crane Co., S177401, a high-profile case that has been pending since 2009 and that has been on our list of cases to watch.  In a nutshell, the Court held product manufacturers cannot be liable for injuries caused by replacement parts.  Kate Moser takes a look at [...]

In its conference on Wednesday, January 11, 2012, 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.  However, the Court did order supplemental briefing in Sonic Calabasas A, Inc. v. Moreno, S174475, which concerns the enforceability of arbitration agreements [...]

The Supreme Court heard argument this morning in Vandermost v. Bowen, S198387, which involves a challenge to the district lines that will be used for the California state Senate elections in 2012.  Southern California Public Radio has this informative article summarizing the issues.  Once the video is available, you can watch the argument on the [...]

Erik Cummins blogs that, in a recent discussion he had with Chief Justice Cantil-Sakauye, she said that “she is a big fan of writing that gives her a road map at the outset.  ‘Tell me what you are going to write and why,’ Cantil-Sakauye said.  ‘I like clear statements of why I’m reading this and then [...]

In its conference on Wednesday, January 4, 2012, 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.

It’s been more than six months since the Ninth Circuit asked the Supreme Court to answer a question of California law under rule 8.548.  Until now, that is, when the court filed yesterday’s request from the federal Court of Appeals in Sierra Pacific Power Co. v. Hartford Steam Boiler Inspection and Insurance Co. According to the Ninth Circuit, [...]

The recently announced Supreme Court oral argument calendar consists of six cases, all criminal and half of them death penalty appeals. On February 7 in San Francisco, the court will hear the following cases (with the issues presented as stated on the court’s website): People v. Manzo:  Could defendant be convicted of discharging a firearm [...]

Last week, the Daily Journal [subscription required], carried an excellent retrospective by Laura Ernde on Chief Justice Tani Cantil-Sakauye’s turbulent first year in office.  The article covers most of the travails of the last twelve months, including the challenges to the Judicial Council’s authority typified by AB 1208, the legislative effort to transfer more power [...]