Supreme Court gives itself more time to grant or deny review in Alvarez

On January 11, 2007, the Supreme Court granted itself an extension of time, through February 16, 2007, to grant or deny review in Alvarez v. May Department Stores Co., no. S148276. This is the case in which the Court of Appeal held that once class certification is denied, collateral estoppel forever bars the whole (non) class from seeking certification again. Alvarez v. May Dept. Stores Co., ___ Cal.App.4th ___ (Oct. 11, 2006) (Second Appellate District, Division Four). A depublication request is also pending before the Supreme Court.

It's interesting to note that according to the docket, the respondent adopted the strategy of not filing anything in response to the review petition. Yet the Supreme Court's decision to give itself more time suggests that it may be seriously considering the petition.

My prior posts on Alvarez are here, here, and here.