The Supreme Court today announced its March calendar. Among the seven cases to be argued is one of the pending bail cases and one concerning the scope of recoverable damages in lawsuits stemming from the massive Aliso Canyon natural gas leak in 2015 and 2016.
On March 5 and 6, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself):
Plantier v. Ramona Municipal Water District: Were ratepayers seeking to challenge the water district’s method of calculating wastewater service fees required to exhaust administrative remedies by participating in the public hearing required by California Constitution, Article XIII D, section 6? The court granted review in September 2017.
People v. Valenzuela: Does a conviction for active gang participation in violation of Penal Code section 186.22, subdivision (a), which requires that the defendant willfully promote, further, or assist in any felonious criminal conduct of the gang, remain valid when the underlying conduct in question was reduced from a felony to a misdemeanor pursuant to Proposition 47? Last August, the court asked for supplemental briefing about whether or not defendant’s conviction under Penal Code section 186.22, subdivision (a), is a crime eligible for resentencing in light of People v. Buycks (S231765) and People v. Page (2017) 3 Cal.5th 1175, 1184-1185, and, if so, whether or not defendant is entitled to retroactive relief under the authority of In re Estrada (1965) 63 Cal.2d 740, as applied in People v. DeHoyos (2018) 4 Cal.5th 594, and People v. Davis (2016) 246 Cal.App.4th 127. The court granted review in March 2017.
Heimlich v. Shivji: When a party to an arbitration proceeding makes an offer of compromise under Code of Civil Procedure section 998 and obtains a result in the arbitration more favorable to it than that offer, how, when, and from whom does that party request costs as provided under section 998? The court granted review in August 2017.
Southern California Gas Leak Cases: Can a plaintiff who is harmed by a manmade environmental disaster state a claim for negligence against the gas company that allegedly caused the disaster if the damages sustained are purely economic? The court granted review in February 2018. There are nine amicus curiae briefs in the case. [Disclosure: Horvitz & Levy filed one of the amicus briefs.]
People v. Rivera: This is an automatic direct appeal from a June 2007 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in February 2012 and briefing was completed in April 2016.
In re Webb: Does the superior court have statutory or inherent authority to impose conditions of bail on felony defendants who post bail in the amount specified in the superior court’s bail schedule or above that amount? The court ordered supplemental briefing regarding the “effect, if any,” on the case of the new pretrial detention legislation that Governor Jerry Brown signed last August. There is no indication that Chief Justice Tani Cantil-Sakauye will be recused. The court granted review in April 2018.
In re Cook: Does habeas corpus jurisdiction exist for a petitioner seeking a post-sentencing hearing to make a record of “mitigating evidence tied to his youth” (People v. Franklin (2016) 63 Cal.4th 261, 276) after the conviction is final? The court granted review in April 2017.
[February 13 update: Death penalty appeal added to March calendar.]
