February 27, 2017 at 4:27 PM Editor’s note: The initial press release sent by the Judicial Council listed an incorrect date. The correct date is Thursday, March 2nd.
Sacramento February 27, 2017 – Administrative Presiding Justice Vance W. Raye announced that as part of its award-winning community outreach program, the Court of Appeal, Third Appellate District, will hear oral argument at Nevada Union High School in the Nevada Joint Union High School District beginning at 9:25 a.m. on Thursday, March 2, 2017.
Since 2000, the Third Appellate District has held oral argument sessions in 26 high schools and one law school in 20 counties of its district.
Oral argument will be heard in the theater of the high school at 11761 Ridge Road, Grass Valley. All interested members of the public, attorneys, and judges are welcome to attend. Those who attend will be required to go through security screening, so an early arrival is advisable. The following four cases will be heard:
Morning Session 9:25 – 11:25 a.m.
- 9:25 – 9:55 a.m.: Friends of Spring Street v. Nevada City, et al., C081195. Appeal is taken from a judgment denying a petition for writ of mandate and other relief, challenging the decision of Nevada City (the city) to approve the use of 534 Spring Street, the so-called Kendall House, as a bed and breakfast (B&B).
- 9:55 – 10:25 a.m.: People v. Superior Court of Yolo County., C082363.
Appeal is taken from 2007, real party Magarita Rodas (defendant) entered a plea of no contest to violation of Health and Safety Code section 11352 (section 11352), transportation of heroin for personal use.
- 10:35 – 11:25 a.m.: Discussion/question and answer session with students.
Afternoon Session 12:40 – 2:40 p.m.
- 12:40 – 1:10 p.m.: Quigley v. Garden Valley Fire Protection Dist., et al. C079270. Appeal is taken from judgment of nonsuit and denial of motion for new trial, premised on rulings that statutory and common law immunities barred recovery on Rebecca Megan Quigley’s (plaintiff) claims for personal injuries.
- 1:10 – 1:40 p.m.: Avitia v. Superior Court of San Joaquin County C082859. Petitioner Leo Avitia (defendant) is charged by indictment with multiple offenses including second degree murder, gross vehicular manslaughter, driving under the influence and causing great bodily injury, and resisting an executive officer.
- 1:40 – 2:40 p.m.: Discussion/question and answer session with students.
As part of this educational experience, justices of the Third Appellate District will discuss their career paths with the students and conduct a question and answer period immediately following oral argument. The justices are not permitted to answer questions about the cases.
Eleven local attorneys have volunteered their time to visit classrooms at Nevada Union High School before the day of oral argument. They will make presentations about the California court system and the appellate process, and discuss the cases the students will see during the oral argument at the high school.
The Court of Appeal ordinarily holds oral argument in its courtroom at 914 Capitol Mall, Sacramento. The Third Appellate District comprises 23 counties: Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba.