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MEINHARDT v. CITY OF SUNNYVALE (2022)

Supreme Court of California.2022-06-15No. S274147

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

The petition for review is granted.

The issue to be briefed and argued is limited to the following: Did the Court of Appeal correctly dismiss the appeal as untimely?

Pending review, the opinion of the Court of Appeal, which is currently published at 76 Cal.App.5th 43, 291 Cal.Rptr.3d 250, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

Guerrero, J., was recused and did not participate.

Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Kruger, Groban and Jenkins, JJ.