California: 5th District Finally Acts in Almaraz Appeal

California: 5th District Finally Acts in Almaraz Appeal

The 5th Appellate District, after sitting on the defendant’s appeal for over a year after briefing has been completed, issue a summary denial of the Petition for Writ of Review, thus ending the second prong of the appeal of the combined W.C.A.B. en banc decisions in what has commonly become known as Almaraz/Guzman II (or for those who are into texting AG2).

The court did not, as it occasionally does, provide a written unpublished opinion on this case so we do not know what did or did not catch the Court’s eye on this case. The Court is not required to provide a rational for its decision as granting a Petition for Writ of Review is discretionary with the Appellate Court.

State Fund still has the option of filing a Petition for Hearing in the California Supreme Court. If it takes that step, typically the Supreme Court will respond to the request within a fairly (for legal events) short time frame, 2 to 3 months from the filing.

The most likely result here is that this issue is now final and we are off to resolve Almaraz Guzman III at some point in the future to figure out exactly what is meant by some of the 6th District’s language in its decision and how far the 4 corners of the Guides can be stretched before we break impermissibly into the non Guides world.

While there is not much to see, a link to the court of appeal website with the order is embedded HERE.

© Copyright 2011 Richard M. Jacobsmeyer. All rights reserved. Reprinted with permission.

Shaw Jacobsmeyer Crain Claffey LLP

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