California Supreme Court

Brown, Winfield & Canzoneri, Inc., Petitioner v. the Superior Co — Werdegar, J., Concurring in Part and Dissenting…

February 1, 201047 Cal. 4th 1233

Summary

Justice Werdegar concurred only in the technical affirmance of the dismissal because the writ proceeding was moot, but dissented from the majority's approval of suggestive Palma notices. She reasoned that such notices can deny an opposing party a meaningful opportunity to brief the merits before the Court of Appeal, contrary to statutory and procedural requirements, and provide no sufficient judicial-efficiency benefit. Justice Werdegar would have rejected the procedure rather than authorize it subject to additional safeguards.