Court of Appeal’s Jurisdiction To Authorize Publication Expired.
Just yesterday, in the preceding post, I reported the Court of Appeal, Second District, Division 8, had authorized publication of SingerLewak v. Gantman, a case offering an excellent discussion of the so-called “public policy exception” that, when it is found it exist, allows for judicial review of an arbitral award.
By the end of the day, however, the following case docket entry appeared:
Pursuant to California Rules of Court, rule 8.264(b)(1), the court's opinion became final on August 28, 2015. The court's order filed August 31, 2015, granting certification to publish the opinion is hereby vacated as improvidently issued. Forthwith, the court will comply with the provisions of California Rules of Court, rule 8.1120(b) regarding publication of the opinion upon order of the Supreme Court.
As Arte Johnson would say, “Very interesting . . . but not very funny.”
Rule 8.1120(b) provides: “If the rendering court does not or cannot grant the request before the decision is final in that court, it must forward the request to the Supreme Court with a copy of its opinion, its recommendation for disposition, and a brief statement of its reasons. The rendering court must forward these materials within 15 days after the decision is final in that court.”
I’ll let you know what happens.