Time for me to eat some crow. I predicted the California Supreme Court would grant review in Behr v. Redmond, because the petition for review raised a clear split in the lower courts on a frequently recurring issue. I was two for two on my previous predictions, but now I’m two for three. The petition for review in Behr was denied today, according to the court’s on-line docket. Not a single justice voted for review. I’m at a loss to explain why the Supreme Court would not want to resolve the split at issue here, but maybe they’re just waiting for a better vehicle than the “herpes case.”
Related posts:
Behr v. Redmond: Court of Appeal publishes previously unpublished opinion, creates split of authority
Behr v. Redmond: $2.8M punitive award affirmed, despite reduction of compensatory damages from $4M to $1.6M