Writ Granted on Almarez/Guzman!
Yesterday the 6th Appellate District of the California Court of Appeal issued a Writ of Review, denied Defendants’ request for a stay, and indicated that the matter would be set for oral argument. 1 If you would rather just read what they have to say, here it goes:
Petitioner’s request for a stay is denied. Petitioner’s request for judicial notice, filed on 10/16/09 is denied. The petition for writ of review is granted as follows: Let a writ of review issue ordering the WCAB to certify & return to this court is official record in Guzman v. Milpitas Unified School District & Keenan & Associates, WCAB case No. ADJ3341185 (SJO0254688), not later than 3/25/10. Respondents may file opposition on 3/25/10. Petitioners my reply to the opposition in 20 days after the opposition is filed in this court. The matter will be placed on calendar at a time & place to be specified by court order. Any party desiring oral argument shall so inform this court in writing on 3/25/10 by completing & returning to this court the attached “request for oral argument” form (P, E, WD)
What does this mean for you? Well, it means at least another four months of Almarez/Guzman II.
The fastest I recall a case going from the granting of a Writ of Review to to Order after oral argument was about four months. In that case (Rollick) the Court of Appeals had basically already made up their minds about the issues and had allotted each side 10 minutes of argument. The oral argument in that case took place about four months after the Writ was granted and Order issued almost immediately after argument. However, the issues presented by Almarez/Guzman II are considerably more intricate.
For more analysis on this decision check out the article on WCExec!