California Supreme Court Civil Issues Pending: Other
[UPDATED THROUGH MARCH 28, 2012]
How Are Special Education Services Provided for Children in County Jails? In response to a request under C.R.C., rule 8.548 by the United States Court of Appeals for the Ninth Circuit, the court will address this issue: Does Education Code section 56041 — which provides generally that for qualifying children ages eighteen to twenty-two, the school district where the child’s parent resides is responsible for providing special education services — apply to children who are incarcerated in county jails? Los Angeles Unified School Dist. v. Garcia, S199639. (request at 9th Cir. No. 2:09-cv-09289, 669 F.3d 956), certification granted on 3/28/12.
Should Extrinsic Evidence Be Allowed To Correct Drafting Errors in a Will? Should the “four corners” rule (see Estate of Barnes (1965) 63 Cal.2d 580) be reconsidered in order to permit drafting errors in a will to be reformed consistent with clear and convincing extrinsic evidence of the decedent’s intent? Estate of Duke, S199435. (opinion below B227954, formerly 201 Cal.App.4th 599), review granted 3/21/12.
What Is the Standing of Remainder Beneficiaries Under an Irrevocable Trust to Sue the Trustee For Acts Committed When the Trust Was Still Revocable? When the settlor of a revocable inter vivos trust appoints, during his lifetime, someone other than himself to act as trustee, once the settlor dies and the trust becomes irrevocable, do the remainder beneficiaries have standing to sue the trustee for breaches of fiduciary duty committed during the period of revocability? Estate of Giraldin, S197694 (opinion below G041811, formerly 199 Cal.App.4th 577), review granted 12/21/11.
Can the Authority to Select the Members of a Peer Review Panel be Delegated, and if not, Is a New Peer Review Panel Required? (1) Could the executive committee of the hospital medical staff delegate to the hospital governing board its authority to select the hearing officer and the physician members of the peer review panel to hear a physician’s challenge to the governing board’s denial of his application for reappointment to the hospital medical staff? (2) If the hospital by-laws did not permit this procedure, was the peer review panel selected by the governing board “improperly constituted,” requiring a new peer review procedure conducted by a new hearing panel selected by the executive committee? El-Attar v. Hollywood Presbyterian Medical Center, S196830 (opinion below B209056, formerly 198 Cal.App.4th 664, as modified 198 Cal.App.4th 1234c), petition granted 11/30/11.
Is a Life Insurance Policy the Separate Property of the Beneficiary Spouse?
Did the Court of Appeal err in concluding that an insurance policy on the husband’s life was the wife’s separate property upon dissolution of the marriage, even though the policy was purchased during the marriage and the premiums prior to the couple’s separation were paid with community funds, because the policy listed the wife as the owner? In re Marriage of Valli S193990 (opinion below B222435, formerly 195 Cal.App.4th 776), review granted 8/24/11.
What Standard Applies to Determine a Good Faith Belief in a Valid Marriage? Is a person’s good faith belief in the validity of a marriage measured by an objective or subjective standard for the purpose of determining the person’s status as a putative spouse under Code of Civil Procedure section 377.60? Ceja v. Rudolph & Sletten, Inc., S193493 (opinion below H034826, formerly 194 Cal.App.4th 584), review granted 8/10/11.
What Are the Governing Laws Regarding the Conversion of a Mobilehome Park in the Coastal Zone? (1) Do the Mello Act (Gov. Code, §§ 65590, 65590.1) and the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.) apply to the conversion of a mobilehome park to resident ownership if the park is located within the coastal zone? (2) Do the limits imposed by Gov. Code § 66427.5 on the scope of a hearing on an application for conversion of such a mobilehome park to resident ownership prohibit the local authority from requiring compliance with the Mello Act and the California Coastal Act when the mobilehome park is located within the coastal zone? Pacific Palisades Bowl Mobile Estates v. City of Los Angeles, S187243 (opinion below B216515, formerly 187 Cal.App.4th 1461), review granted 12/1/10. The petition for review is here.
Can Voluntary School Personnel Provide Insulin Shots To Students? (1) Under California law, are designated school personnel who are not licensed nurses allowed to administer insulin to diabetic students pursuant to treating physicians’ orders under a Section 504 Plan (29 U.S.C. § 794; 34 C.F.R. § 104.1 et seq.) or an Individualized Education Program (20 U.S.C. §1414(d))? (2) If not, is California law preempted by federal law? American Nurses Ass. v. O'Connell, S184583 (opinion below C061150, formerly 185 Cal.App.4th 393), review granted 9/29/10. The petition for review is here.
