July 16, 2013
The Court held no conference during the week of the July 1, due to the Independence Day holiday.
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, July 10, 2013. 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 Denied (with dissenting justices)
In re Isabella K., S210158—Review and Publication Denied [Werdegar, J., voting for review]—July 10, 2013
This was an appeal from a decision of the juvenile court in a dependency proceeding, by which the court declared two minor children to be dependents of the court and removed them from their father’s custody. The father had been found to have taken nude photographs of the children, some in sexually explicit poses, though he was later acquitted of criminal charges. The father’s petition for review presented the following issue: May the Court of Appeal invade the province of the Legislature by “amending” a statute to delete explicit statutory language merely because it is no longer constitutionally required?
The Court of Appeal, Second District, Division Two, held in an unpublished decision, In re Isabella K. (March 27, 2013, No. B243264) 2013 WL 1225413, that substantial evidence supported the juvenile court’s “finding of sexual abuse as defined in 11165.1, subdivision (c)(3), that father depicted a child in photographs in which the child is engaged in sexual conduct.”
Spielbauer v. Superior Court (167 E. William Street), S211667—Review Denied & Stay Dissolved [Kennard, J., voting for review]—July 10, 2013
This was a writ proceeding evidently challenging the trial court’s order regarding production of documents in connection with a punitive damages trial. The Court of Appeal, Sixth District, denied the petition and the request for immediate stay. The Supreme Court stayed the production pending the consideration of the petition for review, but ultimately denied the petition and dissolved the stay.