Opinion
S275478
08-31-2022
The applications to appear as counsel pro hac vice are granted. ( Cal. Rules of Court, rule 9.40(a).)
The petition for review is granted.
Pending review, the opinion of the Court of Appeal, which is currently published at 79 Cal.App.5th 503, 295 Cal.Rptr.3d 1 (2022), 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.)
Groban, J., was recused and did not participate.
Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Kruger, Jenkins and Guerrero, JJ.