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At the Lectern

U.S. Supreme Court passes on two California Supreme Court cases [Updated with a third case]

October 7, 2024

On the first Monday in October, the U.S. Supreme Court today denied certiorari of two California Supreme Court opinions:

Harrod v. Country Oaks Partners, LLC (2024) 15 Cal.5th 939 (cert. denied here) — a health care agent of a skilled nursing facility resident can’t agree on the resident’s behalf to arbitrate negligence claims against the facility. (See here.)

Romero v. Shih (2024) 15 Cal.5th 680 (cert. denied here) — even though “[i]mplied easements are not favored in the law,” an easement must be recognized when there is “clear evidence” of a prior intent to allow a particular use, even when “the nature of the easement effectively precludes the property owners from making most practical uses of the easement area.” (See here.)

[October 8 update: appellate lawyer Bob Bacon points out that the U.S. Supreme Court also denied cert. in People v. Helzer (2024) 15 Cal.5th 622 — death penalty affirmed while rejecting argument that evidence should have been suppressed because the police exceeded the scope of two search warrants. (See here.)]

Related:

Reviews of California Supreme Court cases at prior U.S. Supreme Court terms — 2020 term, 2021 term, 2022 term, 2023 term

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