On Monday morning the Supreme Court will file its opinions in Mayor v. Workers’ Compensation Appeals Board and Town of Apple Valley v. Apple Valley Ranchos Water. (Briefs here; oral argument videos here and here.)
As summarized by court staff, the issue in Mayor is: “(1) May the Workers’ Compensation Appeals Board apply equitable tolling to act upon a petition for reconsideration beyond the 60-day period provided in Labor Code section 5909, when the Appeals Board did not receive the petition for reconsideration until after the 60-day period has elapsed? (2) Did the Court of Appeal act in excess of its jurisdiction in granting relief under traditional mandate (Code Civ. Proc., § 1085), where petitioner did not file a timely petition for writ of review pursuant to Labor Code section 5909?” The court granted review in December 2024. More about the case here. Horvitz & Levy filed an amicus curiae brief.
When the court granted review in Town of Apple Valley in April 2025, it limited the issue to: “When a public entity files an eminent domain action seeking to take privately held public utility property, and the owner objects to the right to take, what is the proper standard of judicial review for the trial court to apply to determine whether the property owner has rebutted the presumptions under Code of Civil Procedure sections 1245.250, subdivision (b) and 1240.650, subdivision (c)?” More about the case here. Horvitz & Levy is counsel for the defendant.
The opinions can be viewed Monday starting at 10:00 am.
