At this week’s Wednesday conference, the Supreme Court, among other things, granted review in a civil case about arbitration and un-held a Proposition 47 criminal case.
The conference actions included:
- The court granted review in Lawson v. ZB, N.A., where the Fourth District, Division One, Court of Appeal held in a published opinion that there was trial court error “in bifurcating the underpaid wages portion of Lawson’s PAGA [the Private Attorneys General Act] claim and ordering arbitration of that portion of the claim.” The appellate court disagreed with a 2017 Fifth District decision, of which the Supreme Court denied review.
- In People v. Lara, a case that had previously been on hold pending the decision in People v. Page, the court ordered briefing about whether Penal Code section 490.2, added by Proposition 47, effective November 5, 2014, applies directly (i.e., without a petition under Penal Code section 1170.18) in trial and sentencing proceedings held after Proposition 47’s effective date, where the charged offense was allegedly committed before Proposition 47’s effective date.
- The court depublished a Fourth District, Division One, opinion in a criminal domestic violence case. The Court of Appeal rejected a constitutional challenge of a 3-year criminal protective order against the defendant husband, but modified it to allow the victim wife “to initiate contact, if any, with defendant that is acceptable and welcomed by her.”
- The court issued an order to show cause in a habeas corpus proceeding that follows the court’s affirmance 10 years ago of a death sentence. Already the subject of an opinion on a procedural issue (In re Jimenez (2010) 50 Cal.4th 951), the habeas petition is to be heard in the superior court (although the Supreme Court is retaining and will decide the petition) on only three of its many grounds: petitioner’s intellectual disability, ineffective counsel, and juror misconduct.
- Instead of retaining it for decision, the court transferred — presumably under Proposition 66 — to the superior court another death penalty habeas corpus petition. First, however, the Supreme Court denied most of the petition’s claims, leaving only a juror misconduct question for the trial court. The death sentence — which the Supreme Court affirmed on direct automatic appeal in 2005 — was imposed over 25 years ago.
- The court disposed of 37 grant-and-hold cases (all but three of them criminal), either dismissing review or transferring matters back to the Court of Appeal in light of opinions in the lead cases.
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There were a couple of grant-and-transfer orders, one on the court’s own motion at the Court of Appeal’s request.