November will bring the 14th Supreme Court oral argument calendar with Court of Appeal justices temporarily filling the vacancy created by Justice Kathryn Werdegar’s retirement, which was announced 582 days ago. There are only five cases on the calendar, four of them criminal and three of them death penalty appeals, a number and composition perhaps governed by the prolonged vacancy and Proposition 66. This will make 104 consecutive cases to be decided with pro tem justices. As has become routine, none of the November pro tems have been named yet.
On November 7, in Sacramento, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself):
Rand Resources, LLC v. City of Carson: (1) Did plaintiffs’ causes of action alleging the breach of and interference with an exclusive agency agreement to negotiate the designation and development of a National Football League (NFL) stadium and related claims arise out of a public issue or an issue of public interest within the meaning of Code of Civil Procedure section 425.16? (2) Did plaintiffs’ causes of action arise out of communications made in connection with an issue under consideration by a legislative body? The court granted review in September 2016.
People v. Westerfield: This is an automatic direct appeal from a January 2003 judgment of death. The court’s website does not list issues for such appeals.
People v. Armstrong: This is an automatic direct appeal from a July 2004 judgment of death. The court’s website does not list issues for such appeals.
People v. Colbert: Did defendant’s entry into separate office areas of a commercial establishment that were off-limits to the general public constitute an “exit” from the “commercial” part of the establishment that precluded reducing his conviction for second degree burglary to misdemeanor shoplifting under Penal Code section 459.5? This is yet another Proposition 47 case. The court granted review in February 2017.
People v. Potts: This is an automatic direct appeal from a July 1998 judgment of death. The court’s website does not list issues for such appeals.
[October 24 update: November calendar pro tems announced.]
