April 11, 2014

Summary of April 9, 2014 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, April 9, 2014.  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 Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

Larkin v. W.C.A.B. (City of Marysville), S216986—Review Granted—April 9, 2014

The question presented is whether the workers’ compensation benefits provided by Labor Code section 4458.2 extend only to volunteer peace officers and not to regularly sworn, salaried peace officers.  In the course of his employment as a police officer, petitioner sustained physical injuries and sought temporary disability payments at the maximum earnings rate. The workers’ compensation judge determined that the maximum rate applied only to volunteer peace officers and therefore not to petitioner. The Workers’ Compensation Appeals Board agreed, and, in a published opinion, Larkin v. Workers’ Compensation Appeals Board (2014) 223 Cal.App.4th 538, the Third District Court of Appeal affirmed.

Review Denied (with dissenting justices)



Dattani v. Lee, S216117—Depublished Court of Appeal Opinion—April 9, 2014

The issue in this case was whether a plaintiff’s request for dismissal without prejudice of remaining causes of action after an adverse ruling granting summary adjudication to the defendant constitutes a final, appealable judgment.  Plaintiffs filed a four-count complaint, and the trial court granted the defendant’s motion for summary adjudication of the first cause of action. Plaintiffs then filed a request for dismissal of their remaining causes of action. More than 180 days later, the court entered a judgment in favor of the defendant, and, within a month, plaintiffs appealed from the judgment. In a published opinion, Dattani v. Lee (2013) 222 Cal.App.4th 411, the Court of Appeal, First District, Division Three, dismissed the appeal as untimely filed.  It held the order granting summary adjudication, combined with the request for dismissal, created a final, appealable judgment. The California Supreme Court denied the petition for review and, on its own motion, ordered the Court of Appeal opinion depublished.

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