As was reported in our previous newsletters, the California Supreme Court heard oral argument on the Brinker case on November 8th. And under the Rules of Court, the Supreme Court is required to issue decisions 90 days after a case is submitted, so a decision was expected by early February, 2012.
However, in late December, the California Supreme Court vacated the November 8th submission of the case and allowed further briefing. The issue the Court wanted to address further was whether the decision will operate prospectively or retroactively. The Court accepted additional briefing through January 13, 2012 and the matter will be submitted at that time.
As a result, the Court will now have until April, 2012 to issue its decision, assuming no additional delays.
We will keep you posted of any further developments and hopefully a positive outcome of the ultimate decision by the Court.