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Oral Argument

Supreme Court Oral Argument for March 8, 2023

9:00am - 3:30pm Wednesday March 8, 2023

The live webcast will begin at 9:00 A.M. here.

Each argument is limited to one hour:
9:00 A.M.(1) People v. Braden (Cory Juan, Jr.), S268925 #21-345 People v. Braden, S268925. (E073204; 63 Cal.App.5th 330; San Bernardino County Superior Court; FVI18001116.) Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses.

  • The court limited review to the following issue: What is the latest point at which a defendant may request mental health diversion under Penal Code section 1001.36?

(2) People v. Cooper (Robert), S273134 #22-119 People v. Cooper, S273134. (B304490; nonpublished opinion; Los Angeles County Superior Court; TA140718.) Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses.

  • The court limited review to the following issue: Must any of defendant’s sentencing enhancements be vacated due to recent statutory changes requiring that the offenses necessary to establish a “ ‘pattern of criminal gang activity’ . . . commonly benefited a criminal street gang, and the common benefit from the offense is more than reputational” (Pen. Code, § 186.22, subd. (e)(1), as amended by Stats. 2021, ch. 699, § 3)?

(3) Los Angeles Unified School District v. Superior Court of Los Angeles County (Jane Doe, Real Party in Interest), S269608 #21-437 Los Angeles Unified School Dist. v. Superior Court, S269608. (B307389; 64 Cal.App.5th 549; Los Angeles County Superior Court; BC659059.) Petition for review 3 Summary of Cases Accepted and Related Actions During Week of August 30, 2021 after the Court of Appeal granted a petition for writ of mandate.

  • This case presents the following issue: Does Government Code section 818, which bars punitive damages against government defendants, preclude recovery under Code of Civil Procedure section 340.1, subdivision (b), which permits an award of up to treble damages after a child is sexually abused as a result of a cover up?

1:30 P.M.

(4) People ex rel. Garcia-Brower (Lilia) v. Kolla’s Inc., S269456 #21-435 People ex rel. Garcia-Brower v. Kolla’s Inc., S269456. (G057831; nonpublished opinion; Orange County Superior Court; 30-2017-00950004.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action.

  • This case presents the following issue: Does Labor Code section 1102.5, subdivision (b), which protects an employee from retaliation for disclosing unlawful activity, apply when the information is already known to that person or agency?

(5) Leon (Dora) v. County of Riverside, S269672 #21-409 Leon v. County of Riverside, S269672. (E073781; 64 Cal.App.5th 837; Riverside County Superior Court; RIC1722990.) Petition for review after the Court of Appeal affirmed the judgment in a civil action.

  • This case presents the following issue: Is immunity under Government Code section 821.6 limited to actions for malicious prosecution? (See Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710.)