Brown, Winfield & Canzoneri v Superior Court 373
April 22nd, 2011 
admin Premises Liability is another area of San Diego Personal Injury Law.
Brown, Winfield & Canzoneri v Superior Court 47 Cal.4th 1233 (2010) (George 4-3) Appellate writ, Palma procedure (peremptory writ relief in the first instance rather than alternative writ or OSC). Not improper for Court of Appeal to issue “suggestive Palma notice.” such suggestion, even if styled as an order, is merely a strong recommendation (or tentative ruling) to a trial court to reconsider its ruling. (CRC 8.485) If the trial court reconsiders, it should have briefing and hearing. Dissent: Suggestive Palma notices are probably impermissible, but even if they are, the court should not permit them. The procedure subverts orderly process. Worse, is the pernicious effect on lawyers’ advising their clients on whether to wait (usual peremptory response) or to oppose (usual alternative or OSC response). San Diego personal injury attorney Clients’ costs will go up, for no good reason. [Dissent has better argument in my view.]