Two out of three ain't bad: Supreme Court denies review in Behr v. Richmond, despite my prediction that they'd take the case

Time for me to eat some crow.  I predicted the California Supreme Court would grant review in Behr v. Redmond, because the petition for review raised a clear split in the lower courts on a frequently recurring issue.  I was two for two on my previous predictions, but now I'm two for three.  The petition for review in Behr was denied today, according to the court's on-line docket.  Not a single justice voted for review.  I'm at a loss to explain why the Supreme Court would not want to resolve the split at issue here, but maybe they're just waiting for a better vehicle than the "herpes case."

Related posts:

Petition for review asks Cal. Supreme Court to resolve split in authority regarding the proper treatment of a punitive damages award after reduction of compensatories

Behr v. Redmond: Court of Appeal publishes previously unpublished opinion, creates split of authority
 
Behr v. Redmond: $2.8M punitive award affirmed, despite reduction of compensatory damages from $4M to $1.6M