Stancil v. Superior Court, the case that took inordinate effort to schedule for oral argument, is one of five cases on the Supreme Court’s February calendar, announced today. Two of the other cases, on the other hand, have been set for hearing quite quickly.
The February calendar, like all arguments since April 2020 and for the foreseeable future, will be remote and based in San Francisco (see here, here, and here).
On February 2, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself):
In re E.F.: The court limited the issue to: “When the prosecution moves for a temporary restraining order in a juvenile wardship proceeding without having given advance notice to the minor, must it be shown that: (a) ‘great or irreparable injury will result’ before the matter could be heard with proper notice, and (b) the prosecution notified the minor within a reasonable time prior to the hearing regarding when and where the order would be sought, or attempted the notify the minor, or for specified reasons should not have been required to notify the minor? (See Welf. & Inst. Code, § 213.5, subd. (b); Code of Civ. Proc., § 527, subd. (c).)” The court granted review in June 2020.
Stancil v. Superior Court: The court limited the issue to: “Whether a motion to quash service of summons is the proper remedy to test whether a complaint states a cause of action for unlawful detainer.” The court granted review in March 2019.
People v. Nieves: This is an automatic direct appeal from an October 2000 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in May 2006. Briefing was completed in July 2012.
People v. Vivar: Did the trial court err in ruling that defendant failed to demonstrate prejudice within the meaning of Penal Code section 1473.7 from trial counsel’s failure to properly advise him of the immigration consequences of his plea? The court granted review in March 2020.
People v. Steskal: This is an automatic direct appeal from a February 2004 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in July 2008. Briefing was completed in September 2016. There’s an amicus curiae brief by Mental Health America and National Alliance on Mental Illness supporting the defendant.