Class Action

Extension of time and more briefs in County of Santa Clara v. Superior Court (Atlantic Richfield Co.)

By Kimberly A. Kralowec

Last week, the Supreme Court gave itself an extension of time, through August 15, 2008, to grant or deny review in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. This is the case that addresses whether public entities may hire outside attorneys to handle "ordinary civil cases" on a contingency-fee basis. [Hat tip: Wage Law]

In a related development, on July 1, the Rhode Island Supreme Court handed down an opinion addressing the contingency fee issue raised in this case and citing the Court of Appeal's opinion (which is no longer citable in California courts). State of Rhode Island v. Lead Indus. Assn., ___ A.2d ___ (R.I. July 1, 2008) (slip op. at 71-75).

Last but not least, I have received copies of more briefs from the case. Here is a complete list of what I have:

• Petition for Review (filed 05/19/08)

• Motion for Judicial Notice (filed 05/19/08)

• Public Entity Plaintiffs' Joint Answer to Petition for Review (filed 06/09/08)

• Reply in Support of Petition for Review (filed 06/19/08)

Again, my sincere thanks to the office of Santa Clara County Counsel Ann Ravel for providing copies of these briefs.

Full post as published by The UCL Practitioner on July 18, 2008 (boomark / email).