At its Wednesday conference, the Supreme Court’s actions of note included:
- The court granted review in Nationwide Biweekly Administration, Inc. v. Superior Court. In an action seeking civil penalties under California’s Unfair Competition Law, the First District, Division One, Court of Appeal held in a published opinion that the defendants in the case are entitled to a jury trial, but only on “the issue of liability”; “the amount of statutory penalties, as well as whether any equitable relief is appropriate, is properly determined by the trial court.” This is the second grant of review in this proceeding. The first time, after the Court of Appeal summarily denied the defendants’ writ petition, the Supreme Court granted review and transferred the case back with directions to issue an order to show cause. (See here.)
- As it did initially in the Nationwide Biweekly case (see above), the court granted and transferred in six criminal writ proceedings, with directions for the Court of Appeal to issue an alternative writ. All six come from the Fourth District, Division Three.
- The court issued grant-and-hold orders in three criminal cases.
- The court engaged in some major docket clean up, transferring 31 criminal grant-and-hold cases back to the Courts of Appeal.