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At the Lectern

Arbitration, probation opinions filing Monday

June 23, 2023

On Monday morning, the Supreme Court will file its opinions in Law Finance Group, LLC v. Key and People v. Prudholme. (Briefs here; oral argument videos here and here.)

The opinions will leave just one undecided case from the April calendar. An opinion in that last case should file either on Thursday or a week from Monday.

In Key, the court is expected to decide whether equitable tolling applies to the 100-day deadline in Code of Civil Procedure section 1288.2 to serve and file a request to vacate an arbitration award in response to a petition to confirm the award. The court granted review in November 2021.

When the court un-held Prudholme in December 2021, it ordered briefing on these questions: “Does Assembly Bill No. 1950 (Stats. 2020, ch. 328) apply retroactively under In re Estrada (1965) 63 Cal.2d 740?  If so, does the remand procedure of People v. Stamps (2020) 9 Cal.5th 685 apply [see here]?”  (Link added.) AB 1950 reduced maximum probation times. The Attorney General has conceded retroactivity, so the main issue is the second one: whether the prosecution can pull out of a plea deal if an agreed to probation term is later reduced.

The opinions can be viewed Monday starting at 10:00 a.m.

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