Monday, November 07, 2016

Maas v. Superior Court (Cal. Ct. App. - Nov. 7, 2016)

Last year, pursuant to Rule 8.512(c), the California Supreme Court granted review of the Court of Appeal's opinion in Maas v. Superior Court on its own motion.

That's a rare thing.  Usually the losing party is the one who petitions for review.  It's extraordinarily uncommon for the California Supreme Court to reach down and grant review itself.  Especially when, as here, there doesn't appear to have been anyone -- no amici, no interested parties, no one -- who asked the Court to take a look at the thing.

So, when a higher court itself reaches out to review a lower court's opinion, it'd be natural to think:  "Uh oh.  They totally don't like that opinion below.  Look for a smackdown.  Or at least a reversal."

After all, why accept review of a published opinion that you like?!  Especially when everyone else seems happy with the opinion as well.

So it wouldn't have been surprising to expect a reversal here.

This morning, the California Supreme Court issues its opinion.

Unanimously affirming the Court of Appeal.

Okay then.  Glad we got that out of the way, eh?