At The Lectern by Horvitz & Levy

Sex abuse, eavesdropping opinions filing Thursday

On Thursday morning, the Supreme Court will file its opinions in Brown v. USA Taekwondo and Smith v. LoanMe, Inc.  (Briefs here; oral argument videos here and here.)

Brown and Smith will be the fourth and fifth opinions in cases argued on the January calendar.  An opinion in the only other remaining undecided January case — In re A.R. — should file on Monday.

Brown is expected to determine the appropriate test that minor plaintiffs must satisfy to establish a duty by defendants to protect them from sexual abuse by third parties.  (See Rowland v. Christian (1969) 69 Cal.2d 108; Nally v. Grace Community Church (1988) 47 Cal.3d 278; Regents of the University of California v. Superior Court (2018) 4 Cal.5th 607; Doe v. United States Youth Soccer Association (2017) 8 Cal.App.5th 1118; Conti v. Watchtower Bible & Tract Society of New York, Inc. (2015) 235 Cal.App.4th 1214; Juarez v. Boy Scouts of America, Inc. (2000) 81 Cal.App.4th 377.)  The court granted review in January 2020.  [Horvitz & Levy represents USA Taekwondo in the Supreme Court.  (Answer brief here; response to amicus briefs here.)]

In Smith, the court will decide, does Penal Code section 632.7 prohibit only third-party eavesdroppers from recording calls involving a cellular or cordless telephone, or does it also prohibit participants in calls from recording them without the other participants’ consent?  The court granted review in April 2020.

The opinions can be viewed Thursday starting at 10:00 a.m.