LOS ANGELES POLICE PROTECTIVE LEAGUE v. CITY OF LOS ANGELES (2022)

The petition for review is granted.

The issues to be briefed and argued are limited to the following:

(1) Does Penal Code section 148.6, subdivision (a), particularly subdivision (a)(2), constitute improper viewpoint discrimination in violation of the First Amendment?

(2) Does Penal Code section 148.6, subdivision (a), particularly subdivision (a)(2), impose an impermissible burden on complainants' ability to file allegations of misconduct against peace officers?

(3) Is it error to compel the City to comply with a statute that has been ruled unconstitutional by the United States Court of Appeals for the Ninth Circuit?

Pending review, the opinion of the Court of Appeal, which is currently published at 78 Cal.App.5th 1081, 294 Cal.Rptr.3d 271 (2022), may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Kruger, Groban, Jenkins and Guerrero, JJ.