On Monday morning, the Supreme Court will file its opinions in Hoffmann v. Young, Geiser v. Kuhns, and People v. Tran. (Briefs here and here; oral argument videos here, here, and here.)
Tran is the last undecided case from the late-May calendar. The opinion was delayed a bit because of post-argument briefing. (See here.) Hoffmann and Geiser are the last undecided cases from the June calendar.
Monday’s filings will empty the summer pipeline and, because of the 90-day rule and the argument-less months of July and August, they will begin the annual opinion drought that might not end until November.
Hoffmann is expected to decide whether an invitation to enter by a non-landowner — here, the landowner’s child — that was made without the landowner’s knowledge or express approval satisfies the requirements of Civil Code section 846, subdivision (d)(3), and abrogates the landowner’s immunity from liability for damages suffered during permissive recreational use of the property. The court granted review in February 2021. Horvitz & Levy is appellate counsel for the defendant and petitioner on review.
When the court granted review in July 2020 in Geiser, it limited the issue to: “How should it be determined what public issue or issue of public interest is implicated by speech within the meaning of the anti-SLAPP statute (Code of Civ. Proc., § 425.16, subd. (e)(4)) and the first step of the two-part test articulated in FilmOn.com Inc. v. DoubleVerify Inc. (2019) 7 Cal.5th 133, 149-150, and should deference be granted to a defendant’s framing of the public interest issue at this step?”
Tran is an automatic direct appeal from an August 2008 judgment of death. The court’s website does not list issues for death penalty appeals. But last December, the court ordered supplemental briefing on “the significance, if any, of Assembly Bill No. 333 (Stats. 2021, ch. 699), People v. Valencia (2021) 11 Cal.5th 818, and People v. Navarro (2021) 12 Cal.5th 285 to the issues presented in this case.” Counsel was appointed in April 2013. Initial briefing was completed in June 2019. There are a number of non-capital cases that are grant-and-holds waiting for resolution of the AB 333 issue.
The opinions can be viewed Monday starting at 10:00 a.m.