The Supreme Court today announced it will hear just four arguments in October. The hearings will be at a special session in Fresno. Most calendars are conducted in San Francisco, Los Angeles, or Sacramento.
On Wednesday, October 9, in Fresno, the court will hear the following cases (with the issue or issues presented as summarized by court staff or limited by the court itself):
Capito v. San Jose Healthcare System: Does a hospital have a duty to disclose emergency room fees to patients beyond its statutory duty to make its chargemaster publicly available? The court granted review in July 2023. More about the case here and here.
JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC: (1) What analytical framework should be applied in determining the enforceability of co-tenancy provisions in retail lease agreements? (2) Did the Court of Appeal correctly determine that the co-tenancy provision in this case is enforceable? The court granted review in October 2022. The case was originally on the June calendar, but there was a last-minute continuance. (See here.) More about the case here.
People v. Superior Court (Mitchell): When the court granted review in November 2023, it limited the issues to: “(1) Does Penal Code section 1238 authorize an appeal by the People from a superior court’s post-preliminary hearing, prejudgment order reducing a felony ‘wobbler’ offense to a misdemeanor? (2) If not, may the People obtain review of the order by petition for extraordinary writ?” More about the case here.
People v. Collins: When the court granted review in July 2023, it limited the issue to: “Does sufficient evidence support defendant’s conviction for second degree murder based on a failure to protect?” More about the case here.
Briefs for the cases will soon be posted here. The arguments will be live streamed. Opinions in the cases should file by January 6.