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At the Lectern

No straight grants of review this week, but two depublications and one grant of clemency

August 25, 2023

For the second straight week, there were no straight grants of review at the Supreme Court’s weekly conference. There were a few notable actions:

  • Termination of parental rights. The court depublished a decision by the First Appellate District, Division Two, in In re A.H. The Court of Appeal held that a nonrelative extended family member lacked standing to challenge a ruling by a juvenile court regarding the placement of a minor. The court denied a petition for review, but depublished the opinion on its own motion.
  • Duties of landlords to prevent tenant self-injury. The court also depublished the decision by the Second Appellate District, Division Seven, in Razoumovitch v. 726 Hudson Aven, LLC. The plaintiff in that case, having locked himself out of his apartment, climbed onto the roof of his building and tried to jump onto the balcony of his apartment, injuring himself in the process. The trial court granted summary judgment to the defendant, but the Court of Appeal reversed, holding that the landlord could be liable for failing to warn the plaintiff of the dangers of jumping off the roof, or for failing to prevent him from accessing the roof. The Supreme Court denied the landlord’s petition for review but granted a request to depublish the opinion. [Horvitz & Levy sought depublication on behalf of the Association of Southern California Defense Counsel.]
  • SVPA grant and hold. The Supreme Court issued another grant-and-hold for Camacho v. Superior Court, involving civil commitment under the Sexually Violent Predators Act (see here).
  • Leon dispositions. The court disposed of two cases that were grant-and-holds for Leon v. County of Riverside. Review was dismissed in Conway v. San Diego City Employees’ Retirement System and Nelson v. Santa Barbara County Sheriff’s Office, and the cases were remanded to the Fourth Appellate District, Division One and the Second Appellate District, Division Six, respectively, for reconsideration in light of Leon.
  • Clemency grant. The court granted the governor’s request for clemency for Danny Lilly, who was convicted in 1979 of driving under the influence and entering a noncommercial dwelling.

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