On Monday morning, the Supreme Court will file its opinions in Conservatorship of O.B. and Kirzhner v. Mercedes-Benz USA, LLC, which were both argued on the late-May calendar. (Briefs here; oral argument videos here and here.)
In O.B., the court limited the issue to: “On appellate review in a conservatorship proceeding of a trial court order that must be based on clear and convincing evidence, is the reviewing court simply required to find substantial evidence to support the trial court’s order or must it find substantial evidence from which the trial court could have made the necessary findings based on clear and convincing evidence?” The issue is of importance in punitive damages appeals, too. (See here and here.) The court granted review in May 2019. [Disclosure: Horvitz & Levy filed an amicus curiae brief in this case.]
Kirzhner will answer this question: When a consumer chooses restitution as a remedy for a defective vehicle under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.), is the consumer entitled to receive registration fees paid after the time of sale as part of the restitution payable under Civil Code sections 1794 and 1793.2(d)(2)(B)? The court granted review in February 2018.
The opinions can be viewed Monday starting at 10:00 a.m.
