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27 Jan 2015: SCOCA this week and next.

The week of 26 Jan 2015:

The court has no arguments scheduled this week. The upcoming argument session is next week, on Wed 04 Feb 2015 in Sacramento.

Next week’s argument calendar:

The court’s argument calendar for Wed 04 Feb 2015 in Sacramento.

The following cases are placed upon the calendar of the Supreme Court for oral argument at its courtroom in the Stanley Mosk Library and Courts Building, 914 Capitol Mall, Sacramento, California, on February 4, 2015.

WEDNESDAY, FEBRUARY 4, 2015

9:00 A.M.

(1) S208611 California Charter Schools Association v. Los Angeles Unified School District et al.

(2) S211596 Tract 19051 Homeowners Association et al. v. Kemp (Maurice) et al.

(3) S213100 Williams (Loring Winn) v. Chino Valley Independent Fire District

1:30 P.M.

(4) S217128 People v. Sasser (Darren Derae)

(5) S112442 People v. Smith, Jr. (Paul Gordon) [Automatic Appeal]

(6) S097414 People v. Kopatz (Kim Raymond) [Automatic Appeal]

The following case summaries are issued to inform the public about cases that the California Supreme Court has scheduled for oral argument and of their general subject matter. In most instances, the descriptions set out below are reproduced from the original news release issued when review in each of these matters was granted and are provided for the convenience of the public. The descriptions do not necessarily reflect the view of the court or define the specific issues that will be addressed by the court.

(1) California Charter Schools Association v. Los Angeles Unified School District et al., S208611

#13-36 (B242601; 212 Cal.App.4th 689; Superior Court of Los Angeles County; BC438336.) Petition for review after the Court of Appeal reversed an order in a civil action. This case presents the following issue: Did the Court of Appeal adopt an incorrect methodology for determining what facilities a school district is required to afford to a charter school in accordance with Education Code section 47614?

(2) Tract 19051 Homeowners Association et al. v. Kemp (Maurice) et al., S211596

#13-75 (B236015; nonpublished opinion; Superior Court of Los Angeles County; BC398978.) Petition for review after the Court of Appeal reversed an award of attorney fees and otherwise affirmed the judgment in a civil action. The court limited review to the following issue: Is a prevailing homeowner entitled to attorney fees under Civil Code section 1354 in an action by a homeowners association to enforce its governing documents as those of a common interest development when the homeowner prevailed because it was later determined that the subdivision was not such a development and its governing documents had not been properly reenacted?

(3) Williams (Loring Winn) v. Chino Valley Independent Fire District, S213100

#13-89 (E055755; 218 Cal.App.4th 73; Superior Court of San Bernardino County; CIVRS801732.) Petition for review after the Court of Appeal affirmed an order awarding costs in a civil action. This case presents the following issue: Is a prevailing defendant in an action under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) required to show that the plaintiff’s claim was frivolous, unreasonable, or groundless in order to recover ordinary litigation costs?

(4) People v. Sasser (Darren Derae), S217128

#14-48 (A136655; 223 Cal.App.4th 1148; Superior Court of Alameda County; C156534A.) Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. The court limited review to the following issue: Can a five-year enhancement for a prior serious felony conviction (Pen. Code, § 667, subd. (a)) be added to multiple determinate terms imposed as part of a second-strike sentence (Pen. Code, § 667, subd. (e)(1))?

(5) People v. Smith, Jr. (Paul Gordon), S112442 [Automatic Appeal]

This matter is an automatic appeal from a judgment of death.

(6) People v. Kopatz (Kim Raymond), S097414 [Automatic Appeal]

This matter is an automatic appeal from a judgment of death.