Apparently giving up on having Justice Kathryn Werdegar’s replacement appointed by the Governor and confirmed in time for its first oral argument of the new term, the Supreme Court today announced a 9-case September calendar with 8 Court of Appeal justices sitting as pro tems. (One justice is sitting on two related cases.) Thus begins a new pro tem parade, even though it’s been five months since Justice Werdegar announced her plans to retire, effective August 31.
The pro tem appointments — made generally alphabetically — for September come from the H-I-J-K-L segment of the Court of Appeal roster.
On September 5 and 6, in San Francisco, the court will hear the following cases (with the issue presented as stated on the court’s website):
Gerawan Farming, Inc. v. Agricultural Labor Relations Board: (1) Does the statutory “Mandatory Mediation and Conciliation” process (Lab. Code, §§ 1164-1164.13) violate the equal protection clauses of the state and federal Constitutions? (2) Do the “Mandatory Mediation and Conciliation” statutes effect an unconstitutional delegation of legislative power? (3) May an employer oppose a certified union’s request for referral to the “Mandatory Mediation and Conciliation” process by asserting that the union has “abandoned” the bargaining unit? (First District, Division Two, Court of Appeal Presiding Justice Anthony Kline is the pro tem.)
Tri-Fanucchi Farms v. Agricultural Labor Relations Board: (1) May an employer assert as a defense to a request for collective bargaining under the Agricultural Labor Relations Act (Lab. Code, § 1140, et seq.) that the certified union has “abandoned” the bargaining unit? (2) Did the Board err in granting “make whole” relief (Lab. Code, § 1160.3) as a remedy for the employer’s refusal to bargain with the union? (Presiding Justice Kline is the pro tem on this case, too.)
F.P. v. Monier: Is a trial court’s error in failing to issue a statement of decision upon a timely request reversible per se? (This case was continued from the late-May calendar.) (First District, Division One, Presiding Justice Jim Humes is the pro tem.)
People v. Page: Does Proposition 47 (“the Safe Neighborhoods and Schools Act”) apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? (This case was continued from the June calendar.) (Third District Court of Appeal Justice Harry Hull, Jr., is the pro tem.)
In re Martinez: Could defendant use a petition for recall of sentence under Penal Code section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code section 11379? (Second District, Division One, Court of Appeal Justice Jeffrey Johnson is the pro tem.)
People v. Wall: This is an automatic direct appeal from a January 1995 judgment of death. The court’s website does not list issues for such appeals. (Second District, Division Three, Court of Appeal Justice Luis Lavin is the pro tem.)
City of San Buenaventura v. United Water Conservation: (1) Do the District’s ground water pumping charges violate Proposition 218 or Proposition 26? (2) Does the rate ratio mandated by Water Code section 75594 violate Proposition 218 or Proposition 26? (Fourth District, Division One, Court of Appeal Justice Joan Irion is the pro tem.) [Disclosure: Horvitz & Levy filed an amicus brief in this case.]
Vasilenko v. Grace Family Church: Does one who owns, possesses, or controls premises abutting a public street have a duty to an invitee to provide safe passage across that public street if that entity directs its invitees to park in its overflow parking lot across the street? (First District, Division Five, Court of Appeal Presiding Justice Barbara Jones is the pro tem.) [Disclosure: Horvitz & Levy filed an amicus brief in this case.]
People v. Henriquez: This is an automatic direct appeal from a June 2000 judgment of death. The court’s website does not list issues for such appeals. (Fifth District Court of Appeal Justice Herbert Levy is the pro tem.)