California Supreme Court Watch

#21-521 Taking Offense v. State of California, S270535. (C088485; 66 Cal.App.5th 696; Sacramento County Superior Court; 34201780002749CUWMGDS.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in an action for writ of administrative mandate. This case presents the following issue: Did the Court of Appeal err in declaring the provision of the Lesbian, Gay, Bisexual, and Transgender (LGBT) Long-Term Care Facility Residents’ Bill of Rights (Health & Saf. Code, § 1439.51) that criminalizes the willful and repeated failure to use a resident’s chosen name and pronouns unconstitutional on its face under the First Amendment?

Review granted: 11/10/2021

Case fully briefed: 6/24/2022

Supplemental briefing ordered: 5/17/2023

The court requests supplemental briefing addressing the following issues:

1. Whether California recognizes a common law taxpayer standing doctrine to bring actions against state officials. In addressing this issue, the parties are asked to address, among other authority that may be relevant, the following: Gogerty v. Coachella Valley Junior College Dist. (1962) 57 Cal.2d 727, 730; Ahlgren v. Carr (1962) 209 Cal.App.2d 248, 252-254; California State Employees’ Assn. v. Williams (1970) 7 Cal.App.3d 390, 395; Chodosh v. Commission on Judicial Performance (2022) 81 Cal.App.5th 248, 268.

2. If the common law provides taxpayer plaintiffs with standing to sue state officials, whether the plaintiff in this case has established any such standing. In addressing this issue, the parties are asked to address, among other authority that may be relevant, the following: Silver v. City of Los Angeles (1961) 57 Cal.2d 39, 40-41; Los Altos Property Owners Assn. v. Hutcheon (1977) 69 Cal.App.3d 22, 26; California DUI Lawyers Assn. v. Department of Motor Vehicles (2018) 20 Cal.App.5th 1247, 1264.

Supplemental brief filed by Defendant and Respondent: 6/22/2023

Supplemental brief filed by Plaintiff and Appellant: 8/04/2023

Supplemental brief filed by Defendant and Respondent: 8/09/2023

See the Court of Appeal Opinion.