California Supreme Court Watch

#23-44 Conway v. San Diego City Employees’ Retirement System, S277880. (D079355; nonpublished opinion; San Diego County Superior Court; 37-2020-00007020- CU-FR-CTL.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Leon v. County of Riverside, S269672 (#21-409), which presents the following issue: Is immunity under Government Code section 821.6 limited to actions for malicious prosecution? (See Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710.)

Petition for review granted; briefing deferred: 3/15/2023

Transferred to CA 4/1 after hold: 8/23/2023

“The above-captioned matter is transferred to the Court of Appeal, Fourth Appellate District, Division One, with directions to vacate its decision and reconsider the cause in light of Leon v. County of Riverside (2023) 14 Cal.5th 910. (Cal. Rules of Court, rule 8.528(d).)”

See the Court of Appeal Opinion.