Crescent Trust v. City of Oakland

• Citation: 531 P.3d 967,310 Cal.Rptr.3d 148 (Mem)
• Docket Number: S280234
• Decision Date: 12 July 2023
• Parties: CRESCENT TRUST v. CITY OF OAKLAND
• Court: California Supreme Court

531 P.3d 967

310 Cal.Rptr.3d 148 (Mem)

CRESCENT TRUST

v.CITY OF OAKLAND

S280234

Supreme Court of California.

July 12, 2023

The petition for review is granted.

Pending review, the opinion of the Court of Appeal, which is currently published at 91 Cal.App.5th 850, 307 Cal.Rptr.3d 368, 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 requests for an order directing depublication of the opinion are denied.

Votes: Guerrero, C.J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.