Tomorrow morning, the Supreme Court will file its opinions in In re Spielbauer on Discipline and Maniago v. Desert Cardiology Consultants’ Medical Group, Inc.. (Briefs here; oral argument videos here and here.)
The Spielbauer issue, as summarized by court staff, is, “If a victim of attorney misconduct suffers damages recoverable in tort and incurs attorney fees as a result of the misconduct, under what circumstances may the State Bar Court order restitution based on such damages and fees as a condition of the attorney’s probation? (See Sorensen v. State Bar (1991) 52 Cal.3d 1036.)” The court granted review in July 2024. More about the case here and here. Fourth District, Division One, Court of Appeal Justice Jose S. Castillo is the pro tem.
Horvitz & Levy filed an amicus curiae brief in support of the petitioner attorney and participated in the oral argument.
When the court granted review in Maniago in May 2025, it limited the issue to, “Is a voluntary dismissal with prejudice an appealable order if it was entered after an adverse ruling by the trial court in order to expedite an appeal of the ruling?” More about the case here. The pro tem is Second District, Division Six, Justice (and nominated Presiding Justice) Tari L. Cody.
These will be the second and third of nine early-May cases to be decided; the other six opinions should file by August 3.
The Spielbauer and Maniago opinions can be viewed tomorrow starting at 10:00 a.m.
