The Supreme Court has posted online copies of the briefs in Kwikset Corp. v. Superior Court (Benson), no. S171845, which is scheduled for oral argument in San Francisco on Wednesday, November 3, 2010 at 9:00 a.m.:
S171845 - KWIKSET CORPORATION v. S.C. (BENSON)
- Real Parties' in Interest Petition for Review
- Petitioners' Answer to Petition for Review
- Real Parties' in Interest Reply to Answer to Petition for Review
- Real Parties' in Interest Opening Brief on the Merits
- Petitioners' Answer Brief on the Merits
- Real Parties' in Interest Reply Brief on the Merits
- Real Parties' in Interest Supplemental Brief
This case will address important questions relating to the proper interpretation of the UCL's post-Prop. 64 standing requirement. Chief Justice George is not recused in this case, which is one factor that distinguishes it from Tobacco II.
After the case is argued on November 3, the opinion will be due in 90 days. That works out to February 1, 2011. However, Chief Justice George's term ends on January 2, 2011. Will the Court expedite decision in the cases on the November calendar? How will it handle the December calendar (scheduled for the week of December 6, 2010)? I don't have an answer to either of these questions.
UPDATE: In response to my questions, the folks from At the Lectern undertook a review of opinions issued after the retirements of other Supreme Court justices. They found that many of the retired justices continued to sign opinions for several months after they departed from the Court. At the Lectern predicts that the Acting Chair of the Judicial Council will assign Chief Justice George as a pro tem justice in all of the cases that he hears through the December calendar. This is a logical prediction and is one solution that had crossed my mind.