The Supreme Court today denied review and a partial-depublication request in Haytasingh v. City of San Diego, but Justice Joshua Groban — joined by Justices Carol Corrigan, Goodwin Liu, and Martin Jenkins — wrote a separate concurring statement calling on the Legislature “to consider making commonsense changes to the relevant provisions of the Harbors and Navigation Code.”

The Fourth District, Division One, Court of Appeal’s opinion reversed a defense judgment after trial, finding the jury should have been instructed that a city lifeguard’s personal watercraft was not exempt from a 5-mile-an-hour speed limit imposed by Harbors and Navigation Code section 655.2 on vessels under certain circumstances.

Although agreeing “that this is not an appropriate case in which to grant review,” Justice Groban said that amicus curiae letters from cities and city-run lifeguard departments “persuasively pointed out” that the “current statutory framework presents a myriad of problems” that could hamper life saving efforts.  His statement says, “It will be of little comfort to the next swimmer or surfer in peril to learn that the most effective means of saving him or her is unavailable due to a latent ambiguity in the Harbors and Navigation Code.”

In 2015, Justice Liu revived a long-dormant practice of issuing separate statements upon the court’s denial of review, and he has done so on a number of occasions since then.  (See recently here.)  But other than a statement about separate statements themselves, I don’t think there has been a recent separate statement signed by as many as four justices before today.