Thursday, June 20, 2013

Proofing issues?

Below is a line from page 7 in an unpublished decision here:

(Mastick v. TD Ameritrade, Inc. (2012) 209 Cal.App.4th 1258, 1264 [FAA does not preempts application of section 1281.2, subdivision ©, where parties agreed to be governed by California law.

Yes, the open parenthesis and open bracket are unmatched. (See also fn.1 for another missing parenthesis.)
But more interestingly, the subdivision (c) was turned into the copyright symbol!
Many word processing programs attempt to do you a "favor" by converting (c) into that symbol, but it's really more of an annoyance and more often injects typos like this one, which spellcheck will not catch. So turn off that feature! (See Typography For Lawyers, by Matthew Butterick, which discusses this issue on pages 50-51.)

Apart from missing a parenthesis, footnote 1 is also interesting because it states that: "There is a split of authority on whether orders denying reconsideration are appealable."
But Code of Civil Procedure section 1008, subdivision (g), states that "An order denying a motion for reconsideration ... is not separately appealable."