PACIFIC FERTILITY CASES v. << (2022)

Petitioner's request to file the petition for review under seal and respondent's request to file its answer under seal are granted. (Cal. Rules of Court, rules 2.550, 8.46(b).) In ordering the sealing, this court makes the findings required by California Rules of Court, rules 2.550(d) and 8.46(d)(6). The clerk of this court is directed to file the unredacted petition for review and answer under seal.

The petition for review is granted. The issue to be briefed is limited to the following: Whether a petition for writ of mandate is the exclusive means of challenging an order approving or denying a good faith settlement under Code of Civil Procedure section 877.6.

Pending review, the opinion of the Court of Appeal, which is currently published at 78 Cal.App.5th 568, 294 Cal.Rptr.3d 30, 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.