December will see the 15th Supreme Court oral argument calendar with Court of Appeal justices temporarily filling the vacancy created by Justice Kathryn Werdegar’s retirement, which was announced 610 days ago. One of the six cases to be heard is a pension case that Governor Jerry Brown — who is responsible for the unprecedented length of the vacancy — asked to be expedited.
This will make 110 consecutive cases to be decided with pro tem justices. As has become routine, none of the December pro tems have been named yet.
On December 5, in Los Angeles, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself):
Cal Fire Local 2881 v. California Public Employees’ Retirement System: (1) Was the option to purchase additional service credits pursuant to Government Code section 20909 (known as “airtime service credits”) a vested pension benefit of public employees enrolled in CalPERS? (2) If so, did the Legislature’s withdrawal of this right through the enactment of the Public Employees’ Pension Reform Act of 2013 (PEPRA) (Gov. Code, §§ 7522.46, 20909, subd. (g)), violate the contracts clauses of the federal and state Constitutions? The court granted review in April 2017. There are 15 amicus briefs in this high-profile case (see here, here, here, and here).
Sweetwater Union School District v. Gilbane Building Company: (1) Is testimony given in a criminal case by persons who are not parties in a subsequent civil action admissible in that action to oppose a special motion to strike? (2) Is such testimony subject to the conditions in Evidence Code section 1290 et seq. for receiving former testimony in evidence? The court granted review in June 2016.
People v. Amezcua and Flores: This is an automatic direct appeal from an April 2005 judgment of death. The court’s website does not list issues for such appeals.
Goonewardene v. ADP, LLC: Does the aggrieved employee in a lawsuit based on unpaid overtime have viable claims against the outside vendor that performed payroll services under a contract with the employer? The court granted review in February 2017.
In re J.G.: (1) Did the juvenile court have the authority to convert a restitution order to a civil judgment at the completion of deferred entry of judgment? (2) Did the juvenile court err by ruling that restitution could be paid from federally-protected Social Security benefits? The court granted review in May 2017.
McClainv. Sav-On Drugs: Can a purchaser of products allegedly exempt from sales tax but for which the retailer collected sales tax reimbursement bring an action to compel the retailer to seek a sales tax refund from the State Board of Equalization and remit the proceeds to purchasers? The court granted review in June 2017. (See also here.)
[November 16 update: Supreme Court announces December pro tems, last in the parade.]