On Monday morning, the Supreme Court will file its opinions in Bailey v. San Francisco District Attorney’s Office and Meinhardt v. City of Sunnyvale. (Briefs here and here; oral argument videos here and here.)
Bailey raises the issue whether the Court of Appeal properly affirmed summary judgment in favor of defendants on plaintiff’s claims of hostile work environment based on race, retaliation, and failure to prevent discrimination, harassment and retaliation. The court granted review quite some time ago, in December 2020. More about the case here. Horvitz & Levy filed an amicus curiae brief supporting the defendants.
In Meinhardt, the court limited the issue to: “Did the Court of Appeal correctly dismiss the appeal as untimely?” The Court of Appeal held the time to appeal started when the superior court entered an order denying a petition for writ of administrative mandamus, not on the later filing of a judgment that restated what was in the order. Chief Justice Patricia Guerrero is recused (when she was a justice on the Fourth District, Division One, she concurred in the Court of Appeal opinion under review); Fourth District, Division Three, Justice Maurice Sanchez is the pro tem in her place. The court granted review in June 2022. More about the case here.
Bailey will be the fifth decision in the nine cases argued on the late-May calendar and Bailey will be the first of seven opinions for June calendar cases. They’re filing Monday even though they’re not due until August 19 and 29, respectively, and even though there are still four undecided cases from the early-May calendar with opinions expected by August 5.
Opinions in the remaining four late-May cases should file by August 19. Besides those, and also the four early-May opinions that will probably file on Thursday or the following Monday, additional argued but undecided cases are the remaining six on the June calendar (opinions expected by August 29).
The Bailey and Meinhardt opinions can be viewed Monday starting at 10:00 a.m.