"A coalition of minor-party candidates and activists has filed a lawsuit challenging Senate Bill 6 of 2009, which outlines election rules under the new system. They asked the state Supreme Court to step in and hear the case after a state appeals court denied its request to fast-track its appeal of a superior court judge's decision to uphold the new rules. The Supreme Court did not take a position on the merits of the case, which argues that the procedure for identifying party preference on the ballot and the provision prohibiting write-in votes in the run-off election are unconstitutional.
The case will still be heard by the appellate court, with briefs in support and opposition of the challenge due early next year. Meanwhile, an upcoming special election to fill the vacant 28th Senate District seat will likely be the first election conducted under the new rules."
California Supreme Court won't intervene on top-two primary - Capitol and California
fresnobee.com: