Brinker: Supreme Court Allows Further Briefing, Likely Will Delay Decision Again

In December, the California Supreme Court accepted additional briefing in Brinker on retroactivity and deemed the case re-submitted, which pushed the deadline for its decision out from February to April.

Last week, the defense filed an application to allow post-hearing supplemental briefing on the impact of the Court of Appeal's recent decision in Duran v. U.S. Bank, which I discussed here. The Court granted the application and gave the plaintiffs until February 27 to respond. Assuming that the Court again deems the matter re-submitted, that would push the deadline out to May 29.

Does all of this mean that the Court has some interest in granting review in Duran? Or does it mean that the Court will use the Court of Appeal's reasoning in Duran to affirm the result in Brinker? Hopefully it won't be too much longer before we find out.

The Court's Brinker docket is here.