Class Action

Supreme Court depublishes class certification opinion: Bell v. Superior Court (H.F. Cox, Inc.)

By Kimberly A. Kralowec

As mentioned in my post immediately below, on Wednesday the Supreme Court issued an order denying review and depublication in Bell v. Superior Court (H.F. Cox, Inc.), no. S160423. However, today, the Supreme Court issued the following order:

The order filed on April 23, 2008 is hereby amended to read in its entirety: The petition for review is denied. The requests for an order directing depublication of the opinion are granted. The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal filed November 21, 2007, which appears at 158 Cal.App.4th 147. (Cal. Const., art. VI, section 14; rule 8.1125(c)(1), Cal. Rules of Court.) George, C.J., was absent and did not participate. Kennard J., is of the opinion the petition should be granted.

Accordingly, the Court of Appeal's opinion, Bell v. Superior Court (H.F. Cox, Inc.), 158 Cal.App.4th 147 (2007), may no longer be cited as precedent. I must say I'm very pleased with this development, because I filed one of the two depublication requests and this is my first successful depublication request. Many thanks to the blog reader who emailed me to advise of this development.

UPDATE: Here is a copy of my depublication request in Bell.

Full post as published by The UCL Practitioner on April 25, 2008 (boomark / email).