In addition to agreeing to hear a case concerning university disciplinary procedures for alleged domestic violence, the Supreme Court’s actions of note at its Wednesday conference include:
- The court granted review in Hill RHF Housing Partners, L.P. v. City of Los Angeles, and it limited the issues to: “1. In order to bring a judicial action challenging the validity of an assessment imposed pursuant to article XIII D, section 4 of the California Constitution, must a property owner articulate at the public hearing on the proposed assessment the reason or reasons it alleges the assessment is invalid? 2. If so, should this rule apply only prospectively?” (Link added.) The Second District, Division One, Court of Appeal, in a published opinion, rejected a challenge of property tax assessments to establish two business improvement districts because the challengers didn’t exhaust their administrative remedies by “submitting a ballot opposing the assessment and presenting to the agency [orally or in writing] at the designated public hearing the specific reasons for its objection.”
- The court granted-and-held in Horne v. Ahern Rentals, Inc., deferring action until it decides Sandoval v. Quallcom Incorporated and Gonzalez v. Mathis. The court granted review in Sandoval in January 2019 (Horvitz & Levy filed the petition for review and has briefed the case in the Supreme Court) and is expected to decide there whether a company that hires an independent contractor can be liable in tort for injuries sustained by the contractor’s employee based solely on the company’s negligent failure to undertake safety measures or whether more affirmative action is required to implicate Hooker v. Department of Transportation (2002) 27 Cal.4th 198. Gonzalez (review granted in May 2018) raises the related issue whether a homeowner who hires an independent contractor can be held liable in tort for injury sustained by the contractor’s employee when the homeowner does not retain control over the worksite and the hazard causing the injury was known to the contractor. (Horvitz & Levy has filed an amicus brief in Gonzalez.) In Horne, a Second District, Division Eight, published opinion affirmed a summary judgment, concluding the plaintiffs had “failed to present evidence that defendant affirmatively contributed to decedent’s injuries under Hooker’s retained control exception to the Privette rule.”
- There were 10 criminal case grant-and-holds: five more holding for a decision in People v. Tirado (see here); three more holding for People v. Lewis (see here); one more holding for People v. Lopez (see here); and one more holding for People v. Esquivel (see here and here).
