Giving an extra day’s notice because of the July Fourth holiday, the Supreme Court announced today that it will file three opinions on Monday morning.
In City of Los Angeles v. County of Kern, the court will decide whether 28 U.S.C. section 1367(d) requires a party to refile its state law claims within 30 days of their dismissal from a federal action in which they had been presented, or whether it instead suspends the running of the limitations period during the pendency of the claims in federal court and for 30 days after their dismissal.
Conservatorship of McQueen presents this issue: Is a trial court award of statutorily-mandated fees and costs incurred on appeal subject to the Enforcement of Judgments Statutes (Code Civ. Proc., § 685.040 et seq.) if the statutory authority underlying the award is the Elder Abuse Act (Welf. & Inst. Code, § 15600 et seq.)? [Disclosure: The California Academy of Appellate Lawyers submitted an amicus curiae brief in this case. A number of Horvitz & Levy attorneys are Academy members.]
The third case — People v. Weatherton — is an automatic appeal from an April 2002 judgment of death.
City of Los Angeles and McQueen were argued in early May. Weatherton was on the court’s late-May calendar and will be the first case from that two-day oral argument session to have an opinion issued.
All three opinions can be viewed Monday starting at 10:00 a.m.