Thursday, November 11, 2021

Haytasingh v. City of San Diego (Cal. Ct. App. - Nov. 11, 2021)

The Court of Appeal's opinion in this case -- from lovely San Diego, and involving our lovely beaches and lovely surf -- came out back in July.  Today, the California Supreme Court denies review, but a majority of the justices (four) author a statement concerning the denial of review to urge the Legislature to look at the underlying statute and potentially change it.

That's super rare.  It's totally consistent with the Court of Appeal's opinion, in which the justices also told the Legislature that it might well want to take a look.  So I suspect it'll have a real impact.  (And should.)

But it's definitely something you don't see every day.

(Just like, I'll add, you definitely don't see a justice on the Court of Appeal quote a line from Star Trek's Spock in the opinion, which Justice Dato does in footnote 9 of his concurring opinion.)