David Ettinger
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Articles by David Ettinger
Breaking News: China Proposes Significant Changes to Food Safety Law
On October 10, 2026, China’s State Administration for Market Regulation (SAMR) released the Food Safety Law of the People’s Republic of China (Draft Amendment for Public Comment) [1]. The draft proposes a broad revision of the law, expanding it from 154 to 191 articles and addressing changes in food production, online sales, and regulatory oversight. Public comments are due by November 10, 2026.
Gun-brandishing opinion filing Monday
October 23, 2026 On Monday morning, the Supreme Court will file its opinion People v. Ball. (Briefs here; oral argument video here.) As summarized by court staff (see here), the issue is: “Does drawing or exhibiting a firearm in a threatening manner in the presence of a motor vehicle occupant (Pen. Code, § 417.3) require proof of both objective and subjective fear, or is proof of objective fear alone sufficient?” The court granted review in December 2025. More about the case here.
Third straight no-straight-grant conference
Yesterday’s Supreme Court conference was the third in a row without a straight grant. And, yes, it was still a short-handed conference, with just six justices participating, because Governor Newsom has left unfilled an almost 12–month-long vacancy on the court. That’s gotta end soon, right? There are only 74 days left in Newsom’s term. Another forum selection grant-and-hold CIM Real Estate Credit, LLC v. Superior Court is another grant-and-hold for Lathrop v.
October oral argument videos are available
October 20, 2026 The Supreme Court has posted videos of the four oral arguments it heard on its October calendar. The hearings were scheduled for a special session in Redding, but were moved to San Francisco with just a week’s notice. (See here and here.) Chief Justice Guerrero participated remotely in the October arguments. Opinions in three of the cases should file by January 4. Because submission of the People v.
Conference recap — Part II
Here are some more actions taken by the Supreme Court at its no-straight-grant conference last week. Part I of the recap is here. Grant-and-transfer: movie industry wage order The court granted review in Ferguson v. Superior Court and sent the case back to the Second District, Division Five, Court of Appeal, with directions to vacate Division Five’s summary denial of the writ petition in the case and to decide the case on the merits.
Five-case calendar for November
The Supreme Court announced it will hear arguments in five cases next month. Because of Justice Jenkins’s October 2025 retirement, and Governor Newsom’s long delay in filling the vacancy, there will be — for the 12th straight calendar — a Court of Appeal justice sitting pro tem in each case. Two of the pro tems will be named later.
Supreme Court OKs two more LWOP commutations and two more pardons
The Supreme Court today recommended that Governor Newsom commute the life without parole sentences of Ly Nguyen and Kenneth Smith and that he pardon Laura Rodriguez and Phi Le. Newsom requested the recommendations, which are a constitutional prerequisite to granting clemency to anyone who has been “twice convicted of a felony.” The four clemency recommendation beneficiaries’ criminal histories as reported in the Governor’s requests are: Nguyen: “In 1995, Mr. Nguyen was convicted of first...
Chronicle endorses Justices Groban and Evans
Saying that “[a]ttempts to remove an appointed judge from the bench, whether by voting ‘no’ in a retention election or by supporting a recall, should not be undertaken lightly,” the San Francisco Chronicle editorial board today recommends voting “yes” to retain Supreme Court Justices Groban and Evans at the November election. They are both seeking 12-year terms. The board also endorses all of the First and Sixth District Court of Appeal justices who are on the ballot.
Judicial Council’s Supreme Court year in review
October 5, 2026 The Judicial Counsel Public Affairs office today published its annual review of the most recently completed Supreme Court term (September 1, 2025 through August 31, 2026). The review reported 52 Supreme Court opinions during the term, up from last term’s 45, which might have been the smallest output in court history. The 52 opinions were evenly split between civil and criminal cases.
Did the Supreme Court move next week’s oral arguments because of a Shasta County election controversy?
The Supreme Court now frequently holds its October oral arguments away from its San Francisco, Los Angeles, or Sacramento courtrooms, in what the court calls special outreach sessions. This year, the outreach session was scheduled for Redding this coming Wednesday. Two days ago, however, the court moved the arguments back to San Francisco.
A no-straight-grant conference
There were no straight grants at the Supreme Court’s Wednesday conference, but the court did continue its wholesale disposition of grant-and-holds. It was still a short-handed conference, with just six justices participating, because Governor Newsom has left unfilled an 11–month-long vacancy on the court. More clemency recommendations Supreme Court approves another LWOP commutation “rehearing,” along with two other clemencies.
Indonesia’s New Food Packaging Regulation: Key Compliance Changes
In June 2026, Indonesia updated its regulatory framework for food packaging through BPOM Regulation No. 11 of 2026 [1], replacing BPOM Regulation No. 20 of 2019 [2]. Key changes include updates to permitted food contact substances (“FCSs”), migration requirements, substance-specific limits, requirements for reusable and recycled packaging, and procedures for new FCS approvals. Positive Lists and Material Categories Regulation No. 11/2026 retains Indonesia’s positive-list system.
Supreme Court approves another LWOP commutation “rehearing,” along with two other clemencies
The Supreme Court today approved three of Governor Newsom’s requests for the court to recommend commutations. A recommendation is a constitutional prerequisite to granting clemency to anyone who has been “twice convicted of a felony.” One recommendation gives a prisoner a second chance at a second chance.
Indonesia’s New Food Packaging Regulation: Key Compliance Changes
In June 2026, Indonesia updated its regulatory framework for food packaging through BPOM Regulation No. 11 of 2026 [1], replacing BPOM Regulation No. 20 of 2019 [2]. Key changes include updates to permitted food contact substances (“FCSs”), migration requirements, substance-specific limits, requirements for reusable and recycled packaging, and procedures for new FCS approvals. Positive Lists and Material Categories Regulation No. 11/2026 retains Indonesia’s positive-list system.
Four more LWOP commutations among 11 new clemency recommendation requests
Governor Newsom last week asked the Supreme Court to recommend clemency for 11 more people, including commutations for four serving life without parole sentences. A court recommendation is a constitutional prerequisite for a gubernatorial grant of clemency to anyone who has been “twice convicted of a felony.” The 11, with their criminal records as stated in the Governor’s cover letters to the court, are: Wendell Sparks: Commutation.
Three civil straight grants at this week’s conference
The Supreme Court’s conference on Wednesday included three civil case straight grants, 57 disposals of grant-and-holds, and more. Over the last six conferences, the court has straight granted in seven civil cases and no criminal cases. There hasn’t been a criminal case straight grant since July 30.
Supreme Court refers to State Bar counsel who might have submitted false AI briefing
Speaking of going rogue, it was not just a county sheriff whom the Supreme Court today criticized for unlawful conduct, but also his counsel. In a footnote to its Cervantes v. Bianco opinion, the court reported that the sheriff’s preliminary briefing included an argument “based on misquoted passages from, and an incorrect recitation of our holding in,” a 1989 decision.
Sheriff went rogue in seizing ballots and disobeying Attorney General’s orders, Supreme Court finds
Riverside County Sheriff — and former gubernatorial candidate — Chad Bianco broke the law when he seized over 600,000 ballots that had been cast in the county at the November 2025 election, and again when he then disregarded California Attorney General Rob Bonta’s direction to preserve the ballots and pause his investigation. Those are the rulings of a unanimous Supreme Court today in Cervantes v. Bianco and Bonta v. Bianco.
Another LWOP commutation is greenlighted
The Supreme Court today recommended that Governor Newsom commute Gerald Ellis‘s life without parole sentence. The recommendation, made at Newsom’s request, is a constitutional prerequisite to the clemency, as it is for anyone who has been “twice convicted of a felony.” According to the Governor’s request, “In 2007, Mr. Ellis was convicted of first degree murder. He was sentenced to a prison term of life without the possibility of parole.
Ballot seizure opinions filing tomorrow
Tomorrow morning, the Supreme Court will file its opinions in Attorney General v. Bianco and Cervantes v. Bianco. (Briefs here; oral argument videos here and here.) Both cases — argued at a rare special session just a month ago — involve the Riverside County Sheriff’s seizure of over 600,000 ballots that had been cast in the county at the November 2025 election. More about the cases here, here, and here.
September oral argument videos available
September 22, 2026 The Supreme Court has posted videos of the four oral arguments it heard on its September calendar. Opinions in the cases should file by December 7. Put Our Proven Appellate Expertise to Work for You. For over 60 years, we've preserved judgments, reversed errors, and reduced awards in some of California’s most high-profile appellate cases. Explore our practices Explore Careers
Former Justice Kennard has died
The Supreme Court announced on Friday that former Justice Joyce Kennard has died. She passed away on August 26, according to Bob Egelko in the San Francisco Chronicle. Kennard served on the California high court for over 25 years (from her appointment by Governor Deukmejian in 1989 — to replace Justice John Arguelles — until her 2014 retirement), longer than all but four other justices in the court’s history. But that is just a part of one of the most unique lives of California jurists.
Supreme Court’s October calendar in Redding has four cases
September 18, 2026 A Supreme Court term often includes one oral argument session not in the court’s regular San Francisco, Los Angeles, or Sacramento courtrooms. The October calendar, announced yesterday, will be conducted in Redding, Shasta County. Because of Justice Jenkins’s October 2025 retirement, and Governor Newsom’s long delay in filling the vacancy, there will be — for the 11th straight calendar — a Court of Appeal justice sitting pro tem in each case.
Conference recap Part II — five more review denials with dissents
Yesterday, we published Part I of our report on Wednesday’s double Supreme Court conference, including three cases with dissents from review denials. Here are recaps of five more cases that only one or two justices voted to hear. Dissenting votes: full resentencing The court denied review in People v. Powell, but Justices Liu and Evans recorded votes to hear the case.
Tax voting case added to the Supreme Court’s docket — Conference recap Part I
The Supreme Court straight granted review in one case at yesterday’s conference, a double one. And here’s the old news: It was yet another short-handed conference, with just six justices participating, because Governor Newsom has left unfilled a ten-month-long vacancy on the court, a situation that might continue for a little longer. Clemencies approved Supreme Court recommends three more LWOP commutations, one pardon.
Supreme Court recommends three more LWOP commutations, one pardon
The Supreme Court today recommended that Governor Newsom commute the sentences of three people serving life without parole sentences and that another felon be pardoned.
Managing Food Safety Incidents Across Multiple Jurisdictions
Food safety incidents rarely remain confined to a single market. A product issue identified in one jurisdiction can quickly attract attention from regulators elsewhere, triggering information requests, testing, recalls, or other precautionary actions. For food companies operating across multiple markets, managing the regulatory response often becomes as important as investigating the underlying issue.
Diversity on state supreme courts
September 14, 2026 The Brennan Center for Justice has published its update on state supreme court diversity. The report finds that “states have shown little progress with respect to racial, ethnic, gender, and professional diversity among state supreme court justices.” California’s Supreme Court scores high in several respects, however. It’s one of seven state courts with a majority of justices of color and one of 17 with a majority female bench.
Justice Moore on Justice Reynoso
September 11, 2026 Court of Appeal Justice Eileen Moore’s latest regular Daily Journal column is, “Justice Cruz Reynoso . . . You’re in the Army Now.” Moore, an Army veteran of the Vietnam War (see here), writes about the late former Supreme Court Justice Cruz Reynoso’s Army years in the 1950s. The long piece includes this: Moore concludes by writing she is “honored to serve in a courthouse named after Justice Cruz Reynoso.” (See here.) Put Our Proven Appellate Expertise to Work for You.
A holiday, oral arguments, and no conference
September 5, 2026 The Supreme Court and all state courts will be closed on Monday, Labor Day. It’s a state and judicial holiday. On Wednesday, the court will hear the four oral arguments on its September calendar. As usual during weeks when there are oral arguments, the court will not conference this week. There will be a double conference next week. Put Our Proven Appellate Expertise to Work for You.
No straight grants at the term’s first conference — Part I
Yesterday’s first conference of the 2026-2027 term yielded no straight grants. It was yet another short-handed conference, with just six justices participating, because Governor Newsom has left unfilled a ten-month-long vacancy on the court, a situation that might continue for a bit longer. This is Part I of the conference recap. Part II will cover two dissents from review denials and a bunch of grant-and-hold dispositions.
China Continues to Reform Its Cosmetics Regulatory Framework
In June and July 2026, China’s cosmetics regulatory regime underwent another round of significant developments. These measures form part of China’s broader effort to provide greater flexibility for international product launches, expand the circumstances in which product toxicological test reports may be waived, and revise the regulatory approach to new cosmetic ingredients.
Blogging will be delayed
August 18, 2026 Expect At The Lectern blog posts to be delayed for the next couple of weeks while I’m away. Curt Cutting, the writer for Horvitz & Levy’s sister blog, California Punitive Damages, will be filling in a bit, but there’ll be a lot going on.
Death penalty case reversed for a second time because of a flawed competency finding
The Supreme Court today again reverses the three-decade-old conviction and death sentence in People v. Lightsey because the superior court erred — for a second time — in finding the defendant was competent to stand trial. On the first automatic appeal, fourteen years ago, the court unanimously reversed because the superior court allowed the defendant to represent himself when it determined he was mentally competent to stand trial. (People v.
Divided about the issue of discriminatory jury selection, Supreme Court affirms death penalty
A 5-2 Supreme Court yesterday affirmed the death penalty in People v. Shove for a financially motivated double-murder-for-hire. Justice Kruger wrote the court’s opinion; Justice Evans filed a dissent in which Justice Liu joined, asserting the conviction and the penalty should be reversed. The point of disagreement is whether the superior court correctly handled defense objections under Batson/Wheeler, which prohibit racially discriminatory peremptory challenges of prospective jurors.
Conference recap — Part II
This is Part II of the recap of Wednesday’s Supreme Court conference. Part I is here. Dissenting votes: conflict in the law about judicial notice Justices Corrigan and Groban recorded dissenting votes from the denial of review in Dow v. Gerges. An unpublished Second District, Division Two, Court of Appeal opinion took sides in an existing split of authority about the extent to which a court in one action could judicially notice a different action.
Supreme Court to hear case about review of arbitrator’s procedural ruling — Part I
August 13, 2026 The Supreme Court straight granted one case at yesterday’s conference, a double one. It was one more short-handed conference, with just six justices participating, because Governor Newsom has left unfilled a more-than-nine-month-long vacancy (nine months!) on the court, a situation that might still continue for a while. By our count, yesterday’s was the 30th short-handed conference since Justice Jenkins’s October 2025 retirement. This is Part I of the conference recap.
Supreme Court OKs another LWOP commutation
The Supreme Court today recommended that Governor Newsom commute the life-without-parole sentence of Homer Brown. The recommendation, made at Newsom’s request in May, is a constitutional prerequisite to the clemency, as it is for anyone who has been “twice convicted of a felony.” The Governor’s request said, “In 1982, Mr. Brown was convicted of first degree murder with a sentence enhancement. He was sentenced to a prison term of life without the possibility of parole.
Immigration consequences, death penalty opinions filing tomorrow
August 12, 2026 Tomorrow morning, the Supreme Court will file its opinions in People v. Hernandez and People v. Shove.
Local tax refund procedure is preempted by state law
Finding that California’s Government Claims Act was enacted with the intention “to occupy the entire field concerning presentation requirements for money and damages claims against local government entities,” the Supreme Court in Tesoro Refining & Marketing Company v. City of Carson yesterday struck down as preempted a city’s mandatory administrative review procedures for persons seeking a refund of the city’s oil industry business license tax.
Court reporting, tax refund procedure opinions filing Monday
August 7, 2026 On Monday morning, the Supreme Court will file its opinions in Family Violence Appellate Project v. Superior Courts and Tesoro Refining & Marketing Company v. City of Carson.
Updates on China’s Draft Chemical Registration Rules
As reported in our newsletter, Breaking News: China’s Draft Chemical Registration Rules: What Food Companies Need to Know, China’s Ministry of Ecology and Environment (“MEE”) released draft revisions [1] to the Measures for the Environmental Management Registration of New Chemical Substances for public comment. In this article, we continue our review of the key proposed changes that may have significant implications for companies involved in the manufacture and import of new chemicals in China.
998 offer, speedy trial opinions filing tomorrow
August 5, 2026 Tomorrow morning, the Supreme Court will file its opinions in Gorobets v. Jaguar Land Rover North America and People v. Hyatt.
No conference today
August 5, 2026 The Supreme Court won’t be conferencing today, as it does on most Wednesdays. The court doesn’t conference during the weeks it hears oral argument. And, despite no arguments in July or August, the court doesn’t conference during the first week of those months, either. There will be a double conference next week. Put Our Proven Appellate Expertise to Work for You.
Pro tem casts deciding vote in public employee retirement board case
Pro tem justices are not supposed to be in the majority on 4–3 decisions. But that’s what happened today — for the first time in almost nine years — in Los Angeles County Employees Retirement Assn. v. County of Los Angeles, when First District, Division Five, Court of Appeal Justice Mark Simons voted with opinion author Justice Corrigan, Chief Justice Guerrero, and Justice Kruger.
Rare special oral argument session for sheriff-ballot-seizure cases
The Supreme Court late yesterday announced it would soon hold a rare special oral argument session to hear two matters concerning the Riverside County Sheriff’s seizure of over 600,000 ballots that had been cast in the county at the November 2025 election. On August 24, just two weeks before its regularly scheduled September calendar, the court will conduct oral arguments in Attorney General v. Bianco and Cervantes v. Bianco. More about the cases here, here, and here.
One month, 14 opinions
July 31, 2026 The Supreme Court is on track to issue 14 opinions in August: The last two opinions for the early-May calendar cases are filing on Monday. The six late-May calendar cases should be decided by August 17. Opinions for the six June calendar cases are scheduled to file by August 31. There are nine regular opinion-filing days (Mondays and Thursdays) in August. Put Our Proven Appellate Expertise to Work for You.
Pharma duty, public employment opinions filing Monday
July 31, 2026 On Monday morning, the Supreme Court will file its opinions in Gilead Tenofovir Cases and Los Angeles County Employees Retirement Assn. v. County of Los Angeles.
Supreme Court will hear murder resentencing evidence case
The legislation is eight years old, but Senate Bill 1437 murder resentencing cases continue to take up inordinate space on the Supreme Court’s docket, as the court took a second SB 1437 matter this month (see here) at its conference yesterday. It was one more short-handed conference, with just six justices participating, because Governor Newsom has left unfilled a nine-month-long vacancy (nine months!) on the court, a situation that might still continue for a while.
Discriminatory jury selection opinion filing tomorrow
July 29, 2026 Tomorrow morning, the Supreme Court will file its opinion in People v. SanMiguel.
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