Tomorrow morning, the Supreme Court will file its opinion in Haggerty v. Thornton.   (Briefs here; oral argument video here.)

This will be the first of five opinions in cases argued on the December calendar. The other four opinions should file by March 4. Additional argued but undecided cases are the two from the January calendar (with opinions likely by March 28) and the four from yesterday’s February calendar (opinions expected by May 6).

Haggerty will address whether a trust can be modified according to the statutory procedures for revocation of a trust (Prob. Code, § 15401) if the trust instrument itself sets forth identical procedures for modification and revocation. The court granted review in December 2021. Chief Justice Patricia Guerrero is recused; she authored the Court of Appeal opinion under review. Fifth District Court of Appeal Justice Charles Poochigian is sitting pro tem in her place. More about the case here.

Trivia point: although their titles varied, three of the seven justices who will decide the case served as a governor’s top aide responsible for appointing judges, probably a first for the court. Pro tem Justice Poochigian was Governor Pete Wilson’s appointments secretary, Justice Joshua Groban was a senior advisor to Governor Jerry Brown, and Justice Martin Jenkins was Governor Gavin Newsom’s senior judicial appointment’s advisor.

The opinion can be viewed tomorrow starting at 10:00 a.m.