Tomorrow morning, the Supreme Court will file its opinions in Scher v. Burke and Ryan v. Rosenfeld:, which were both argued on the April calendar. (See the oral arguments here.)
Scher will address whether Civil Code section 1009 precludes non-recreational use of non-coastal private property from ripening into an implied dedication of a public road.
Ryan raises the issue whether the denial of a motion to vacate the judgment under Code of Civil Procedure section 663 is separately appealable.
Not filing tomorrow is the opinion in People v. Sivongxxay, an automatic direct death penalty appeal that was argued more than six months ago. How is that possible when an opinion is due within 90 days of a case’s submission, which typically occurs as soon as oral argument concludes? As it occasionally does, the Supreme Court asked for post-argument supplemental briefing in Sivongxxay, and it vacated submission, resubmitting the case when the last supplemental brief was filed on March 22. The resubmission restarted the 90-day clock, which runs out this coming Tuesday. After tomorrow, Monday is the only regular filing day within the 90-day period, so look for the Sivongxxay opinion then.
The Scher and Ryan opinions can be viewed tomorrow starting at 10:00 a.m.
