Five cases on the March calendar

The Supreme Court today announced a five-case March calendar. The arguments will be live streamed, as all arguments have been since May 2016. Opinions in the cases should file by June 5.

On Wednesday, March 8, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself):

People v. Braden: When the court granted review in July 2021, it limited the issue to:  “What is the latest point at which a defendant’s request for mental health diversion is timely under Penal Code section 1001.36?”  (Link added.)

People v. Cooper: The court granted review just last May, and it limited the issue to: “Must any of defendant’s sentencing enhancements be vacated due to recent statutory changes requiring that the offenses necessary to establish a ‘ “pattern of criminal gang activity” . . . commonly benefited a criminal street gang, and the common benefit from the offense is more than reputational’ (Pen. Code, § 186.22, subd. (e)(1), as amended by Stats. 2021, ch. 699, § 3)?” (Link added.) Briefing was completed only three months ago and the court sent its oral argument letter on January 19.

Los Angeles Unified School District v. Superior Court: Does Government Code section 818, which bars punitive damages against government defendants, preclude recovery under Code of Civil Procedure section 340.1, subdivision (b), which permits an award of up to treble damages after a child is sexually abused as a result of a cover up? The court granted review in September 2021.

People ex rel. Garcia-Brower v. Kolla’s Inc.: Does Labor Code section 1102.5, subdivision (b), which protects an employee from retaliation for disclosing unlawful activity, apply when the information is already known to that person or agency? The court granted review in September 2021. In February 2022, it appointed Horvitz & Levy “to brief and argue . . ., on a pro bono basis, in support of the Court of Appeal’s holding” because the employers defaulted in the underlying enforcement action filed by the Labor Commissioner and they did not appear in the Court of Appeal.

Leon v. County of Riverside: Is immunity under Government Code section 821.6 limited to actions for malicious prosecution? (See Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710.) The court granted review in August 2021.