Friday, January 29, 2010

Suggestive Palma Notices

On Monday, Feb. 1, at 10 a.m., the California Supreme Court will issue its opinion in Brown, Winfield & Canzoneri, Inc. v. Superior Court (No. S156598).

The Court granted review to decide the following issues: “(1) May a Court of Appeal issue a ‘suggestive Palma notice’ — that is, a notice that discusses the merits of a writ petition with citation to authority, determines that the trial court ruling was ‘erroneous,’ and gives the trial court the ‘power and jurisdiction’ to change its order? (2) If such an order is proper, absent exceptional circumstances, may it be issued without giving the real party in interest an opportunity to file opposition?"

For more info on writ procedure and Palma notices (suggestive or otherwise), see Cynthia Tobisman's excellent article on the LACBA website.

I am notorioulsy bad at reading tea leaves. And I have no involvement or inside knowledge about this case. But the phrasing of the second questions leads me to guess the answers will be: (1) Yes, (2) No.

Check back on Monday for the real answers.