Opinion
S286233
09-25-2024
TRC OPERATING COMPANY v. CHEVRON USA
Corrigan, J., was recused and did not participate.
Fifth Appellate District, F083724
The petition for review is granted.
Pending review, the opinion of the Court of Appeal, which is currently published at 102 Cal.App.5th 1040, 322 Cal.Rptr.3d 353, 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.)
The issue to be briefed and argued is limited to the following: Does Code of Civil Procedure section 660 preclude remand for further proceedings in the trial court on a motion for new trial?
Corrigan, J., was recused and did not participate.
Votes: Guerrero, C. J., Liu, Kruger, Groban, Jenkins and Evans, JJ.