On Wednesday, the Supreme Court ordered supplemental briefing in two cases, including one that was argued last week.
Shear Development Co. v. California Coastal Commission was argued and submitted on December 3, but the court vacated submission and directed briefing on these issues: “(1) Under the local coastal program in effect at the time that the Commission exercised appellate jurisdiction, did the Commission properly exercise appellate jurisdiction over Shear Development Co.’s coastal development permit on the ground that the development was not designated as the principal permitted use (Pub. Resources Code, § 30603, subd. (a)(4))? (2) Under the local coastal program currently in effect, did the Commission properly exercise appellate jurisdiction over Shear Development Co.’s coastal development permit on the ground that the development was not designated as the principal permitted use (Pub. Resources Code, § 30603, subd. (a)(4))?” More about the case here.
Raju v. Superior Court is one of the oldest non-capital cases on the court’s docket and no oral argument letter has been sent yet. A decision in the case will likely be further delayed by the court’s supplemental briefing order. The issues as summarized by court staff after the court granted review in September 2023 are: “(1) Does a taxpayer have standing to pursue a civil action against a superior court based on its alleged failure to expedite and prioritize criminal cases? (2) If so, may such an action be based on Penal Code section 1049.5 or 1050?” The court now wants the parties to address, “What impact, if any, does this court’s decision in Taking Offense v. State of California (Nov. 6, 2025, S270535) __ Cal.5th __ [2025 Cal. LEXIS 7260], have on the issues presented in this case?” More about the Raju case here. About Taking Offense, see here. See also here for another briefing order about Taking Offense’s impact.
The supplemental briefings in the two cases might have been ordered on the same day, but the due dates are different. However, the court did say in both that no extensions are contemplated.
In Shear Development, the parties are to file simultaneous briefs by January 14, amicus briefs are to be submitted that same day, and the parties can file simultaneous replies by February 4, at which time the court anticipates resubmitting the case. That means instead of having an opinion in the case expected by March 2, as it would have been without supplemental briefing, it now can be filed as late as May 4.
The parties simultaneous briefs in Raju are due by January 5, the same day amicus briefs can be submitted. The parties can file simultaneous reply briefs and/or replies to any amicus briefs by January 20.
