Monday morning, the Supreme Court will file its opinions in People v. Lewis and Pollock v. Tri-Modal Distribution Services. (Briefs here and here; oral argument videos here and here.)
The court limited the issues in Lewis to: “(1) May superior courts consider the record of conviction in determining whether a defendant has made a prima facie showing of eligibility for relief under Penal Code section 1170.95? (2) When does the right to appointed counsel arise under Penal Code section 1170.95, subdivision (c)?” The case involves Senate Bill 1437, which narrowed murder liability under the felony murder theory and the natural and probable consequences doctrine. The court granted review in March 2020. By our count, there are currently 314 grant-and-hold cases waiting for a decision in Lewis. (See here.)
In Pollock, the court is expected to address: (1) In a cause of action alleging quid pro quo sexual harassment resulting in a failure to promote in violation of the Fair Employment and Housing Act, did the statute of limitations to file an administrative complaint with the Department of Fair Employment and Housing begin to run when the successful candidate was offered and accepted the position, or when that promotion later took effect, if there is no evidence that the plaintiff was aware of the promotion on the earlier date? (2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? When the court granted review in August 2020, the case was titled Ducksworth v. Tri-Modal Distribution Services.
Lewis was argued on the late-May calendar and Pollock was argued in early May. There are three other undecided early-May cases; opinions in two of them should file by August 2 and, because of post-argument briefing (see here), the opinion in the other should file by September 13. Opinions in the four other undecided late-May cases should file by August 16. After Monday, there will be 14 cases left in the summer pipeline.
The opinions can be viewed Monday starting at 10:00 a.m.