The Supreme Court announced today that it will hear four cases in December.  The last two years’ December calendars had nine and seven cases.  The smaller number of cases this year could be attributable to the continuing vacancy on the court, which might continue for a while longer.  This will be the fourth consecutive calendar with Court of Appeal justices sitting temporarily.  (The court is up to the P’s in its mostly alphabetical assignment of pro tem justices.)

On December 6 and 7, in Los Angeles, the court will hear the following cases (with the issue presented as stated on the court’s website):

People v. Superior Court (Lara):  Are the provisions of Proposition 57 that eliminated the direct filing of certain juvenile cases in adult court applicable to cases already filed?  (See also People v. Cervantes, S241323.)  In August, the court asked for supplemental briefing on whether Proposition 57 applies retroactively under the rationale of In re Estrada (1965) 63 Cal.2d 740.  The court granted review less than six months ago.  (The pro tem justice has not yet been assigned for this case.)

People v. Garton:  This is an automatic direct appeal from an April 2001 judgment of death.  The court’s website does not list issues for such appeals.  (Fifth District Court of Appeal Justice Charles Poochigian is the pro tem.)

Heller Ehrman LLP v. Davis Wright Tremaine LLP:  Under California law, what interest, if any, does a dissolved law firm have in legal matters that are in progress but not completed at the time the law firm is dissolved, when the dissolved law firm had been retained to handle the matters on an hourly basis?  The issue is being decided at the Ninth Circuit’s request; the Supreme Court agreed to address the issue 14 months ago.  (Second District, Division Four, Court of Appeal Justice Nora Manella is the pro tem.)

Alvarado v. Dart Container Corporation of California:  What is the proper method for calculating the rate of overtime pay when an employee receives both an hourly wage and a flat sum bonus?  The court granted review 18 months ago.  (Second District, Division Six, Court of Appeal Justice Steven Perren is the pro tem.)

[November 14 update:  Third District Court of Appeal Presiding Justice Vance Raye is the pro tem in the Lara case.]

[November 20 update:  Third District Court of Appeal Justice Ronald Robie has replaced Justice Raye as the pro tem in Lara.]