On February 5, 2020, the Supreme Court heard oral argument in Nationwide Biweekly Administration v. Superior Court, no. S250047, involving whether a jury trial right exists in UCL public prosecutor actions seeking statutory penalties. The Court of Appeal (First Appellate District, Division One) held that there is a jury trial right on liability, but that the amount of civil penalties, and the propriety of other equitable remedies (such as injunctive relief), is for the court to determine. Nationwide Biweekly Administration, Inc. v. Superior Court, 24 Cal.App.5th 438 (2018).
We will learn the Supreme Court's take on these questions by May 5, 2020 (ninety days after February 5, 2020). As a practical matter, that means the opinion will be issued by no later than May 4, 2020 (the last Monday before the deadline).
The video of the oral argument is available at this link. The argument took place in Sacramento, which will not be happening again for a while. These are extraordinary times. Here in San Francisco, we are "sheltering in place" as of early Tuesday. Everyone please stay safe.
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