The Supreme Court today announced that, when it returns to the courtroom next month after its traditional summer oral argument hiatus, it will hear only three cases. Two of them are on our list of old cases.
On Wednesday, September 4, in San Francisco, the court will hear the following cases (with the issue or issues presented as summarized by court staff or limited by the court itself):
California Capital Insurance Company v. Hoehn: (1) Is there a time limitation for filing a motion under Code of Civil Procedure section 473, subdivision (d) to vacate a judgment that is allegedly void based on extrinsic evidence? (2) In the alternative, does an equitable motion to vacate an allegedly void judgment for lack of service require proving intentional bad conduct in order to show extrinsic fraud? The court granted review in January 2023. More about the case here.
Rodriguez v. FCA US, LLC: Is a used vehicle that is still covered by the manufacturer’s express warranty a “new motor vehicle” within the meaning of Civil Code section 1793.22, subdivision (e)(2), which defines “new motor vehicle” as including a “motor vehicle sold with manufacturer’s new car warranty”? The court granted review in July 2022. [Update: Horvitz & Levy is appellate counsel for the defendant.] More about the case here.
North American Title Co. v. Superior Court: (1) Is the requirement that a party seeking to disqualify a trial judge for alleged lack of impartiality file a verified statement of disqualification “at the earliest practicable opportunity” subject to waiver or forfeiture? (2) Did the Court of Appeal err in concluding that the trial judge’s challenged statements did not qualify as expressions of the court’s views on issues pending before it in the proceeding? The court granted review in August 2023. More about the case here.
Briefs for the cases will soon be posted here. The arguments will be live streamed. Opinions in the cases should file by December 2.