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At the Lectern

Police-pursuit liability, usury, death penalty opinions filing Monday

August 10, 2018

On Monday morning, the Supreme Court will file its opinions in Ramirez v. City of Gardena, De La Torre v. CashCall, Inc., and People v. Powell (Troy Lincoln).  (Briefs here and here; oral argument videos here, here, and here.)  Ramirez and De La Torre will be the first opinions for cases argued in JunePowell was argued on the late-May calendar.

Ramirez raises the issue whether the immunity provided by Vehicle Code section 17004.7 (when police-pursuit policies are adopted) is available to a public agency only if all peace officers of the agency certify in writing that they have received, read, and understand the agency’s vehicle pursuit policy.  This case has garnered press attention.  (Second District, Division Three, Court of Appeal Justice Luis Lavin is the pro tem.)

In De La Torre, at the Ninth Circuit’s request, the Supreme Court will address “whether the interest rates on consumer loans of $2500 or more that are governed by California Finance Code § 22303, which provides no interest rate limitations on such loans, can be deemed unconscionable under California Finance Code § 22302 and thus be the predicate for a private cause of action under the California Unfair Competition Law (‘UCL’).”  (Fourth District, Division One, Justice Judith Haller is the pro tem.)

Powell is an automatic direct appeal from a September 2005 judgment of death.  (Second District, Division One, Justice Jeffrey Johnson is the pro tem.)

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

 

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