The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conferences on September 16 and 30, 2015. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
Review Granted
There were no outright grants of review. One case did result in a grant-and-transfer for the Court of Appeal to consider on its merits a petition for writ of review following a ruling by the Workers’ Compensation Appeals Board.
Review Denied (with dissenting justices)
None.
Depublished
Cosentino v. Fuller, S227157—Depublished Court of Appeal Opinion—September 23, 2015
The Reporter of Decisions was directed not to publish in the Official Appellate Reports the opinion in Cosentino v. Fuller (2015) 237 Cal.App.4th 790, in which the Court of Appeal, Fourth District, Division Three, held that sovereign immunity afforded to Indian tribes applies only when the claims against tribal officials are based on actions the officials took in their official capacity and within the scope of their official authority. Holding the defendants’ actions—revoking the plaintiff’s gaming license without cause and in retaliation against him for acting as an informant for the Department of Justice—exceeded the scope of their authority as gaming commission officials, the Court of Appeal reversed the trial court’s order granting the defendants’ motion to dismiss.