Tag Archives: California Supreme Court

California Supreme Court Schedules Oral Argument for April

Oasis West Realty v. Goldman (S181781) – Does an attorney’s duty of loyalty owed to a former client apply when the attorney actively takes a position against the former client on the same issue for which the lawyer previously had been retained, but does so while acting on his or her own behalf, without a … Continue Reading

The California Supreme Court Issues Unanimous Opinions Addressing Insurance, Consumer Protection and ADR

Insurance – In Century-National Ins. Co. v. Jesus Garcia, the court held that a fire insurance policy could not exclude coverage for innocent insureds because of the intentional acts of another insured; in this case the intentional act of the son setting fire to his parents house. The policy excluded coverage based on the intentional … Continue Reading

A Profile of the California Supreme Court (minus Justice Moreno)

Before profiling potential candidates to replace Justice Moreno on the California Supreme Court, we first provide a brief profile of the remaining court – not including Justice Moreno, whose announced retirement has initiated this discussion. When choosing a new member for the high court, there is often a discussion about what is “missing” from the … Continue Reading

A Unanimous CA Supreme Court Upholds Mediation Confidentiality

In Cassel v. Superior Court (Wasserman Comden Casselman & Pearson), the California Supreme Court evaluated the mediation confidentiality created by Evidence Code, § 1119, which prevents the admission of “evidence of anything said,” or any “writing” which was prepared “for the purpose of, in the course of, or pursuant to, a mediation. . . .”, … Continue Reading

Associate Justice Carlos Moreno of the California Supreme Court

After serving the California courts for twenty-four years, Associate Justice Carlos R. Moreno has announced his retirement from the court.  In a recent interview, Justice Moreno said that recent changes, including the retirement of Chief Justice Ronald George and the election of Governor Jerry Brown, had prodded him to explore other possibilities.  His retirement creates an … Continue Reading

CA Supreme Court schedules its February 2011 calendar

The CA Supreme Court has scheduled three civil cases for hearing on February 8, 2011. These cases address issues of duty & causation, the statute of limitations for multiple distinct injuries and the final judgment rule. Pooshs v. Philip Morris USA, Inc., et al., S172023, results from a request for guidance from the Ninth Circuit … Continue Reading

Retiring Chief Justice Ronald M. George — First of a Series

On January 3, 2011, the twenty-seventh Chief Justice of California, Ronald M. George, will conclude over thirty-eight years of service on the California bench. To mark the retirement of this great California jurist, we begin a four part profile on state’s third longest-serving Chief Justice. Born in March 1940, Chief Justice George graduated from Beverly Hills … Continue Reading

Orders Compelling Compliance with a Legislative Subpoena Are Appealable in California

While avoiding the marijuana legalization debates raging in the state, the California Supreme Court confirmed that orders compelling five medical marijuana dispensaries to comply with subpoenas issued by the City of Dana Point were appealable, reversing the dismissal by the Court of Appeal in these consolidated cases. In Dana Point Safe Harbor Collective v. Superior … Continue Reading

The Forgotten Election – Three California Supreme Court Justices Stand For Election Tomorrow

With so much press devoted to political candidates and state propositions, there has been little attention to the three California Supreme Court justices who are standing for election tomorrow. Associate Justice Tani Gorre Cantil-Sakauye, currently sitting on the Third District Court of Appeal, is seeking confirmation of her nomination as the new Chief Justice, while … Continue Reading

California Supreme Court Sets Oral Argument for December 2010

The California Supreme Court has scheduled oral argument in three civil cases for hearing in Los Angeles in December 2007. Cortez v. Abich, which will address the extent of the household domestic service exception to Cal-OHSA (Labor Code section 6300 et seq.) in light of the defendant home owner’s remodeling project, which added a new … Continue Reading

The California Supreme Court Schedules Oral Argument For Four Civil Cases

The Court will hear oral argument on four civil cases this November, addressing a variety of issues: Cassel v. Superior Court. (Wasserman, Comden, Casselman & Pearson),S178914: (1) Are the private conversations of an attorney and client for the purpose of mediation entitled to confidentiality under Evid. Code §§1115 through 1128? (2) Is an attorney a … Continue Reading

California Supreme Court’s Workload Continues to Increase

The California Supreme Court has released its annual report describing the operations of the Court from 2009 to 2010. The Court issued 105 opinions in this period, 42 of which were in civil cases. However, this does not account for the 30 habeas corpus petitions denied by order, so the court’s workload continues to be … Continue Reading

California Commission Confirms Judicial Nominations, Including for Chief Justice

The California Commission on Judicial Appointments has unanimously confirmed the nomination of Associate Justice Tani Gorre Cantil-Sakauye, of the Third Appellate District of the Court of Appeal (Sacramento), as the new Chief Justice of California. In the same session, the Commission also confirmed by unanimous vote:  The appointment of Judge Louis R. Mauro, of the … Continue Reading

California Supreme Court Issues Two Opinions – Addressing Collateral Estoppel and Compelling Arbitration of Medical Malpractice Wrongful Death Claims

Murray v. Alaska Airlines, Inc. holds that collateral estoppel applies to the administrative findings of a federal agency when those findings were subject to objection and judicial review that was never pursued, resulting in a final nonappealable order based on those findings. The Court found that in a subsequent civil lawsuit, those administrative findings have … Continue Reading
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