Wednesday, July 23, 2014

"No Substitutions"

Settle v. State of California, published by 2/6's Justice Yegan today, begins and ends like this:
A patron orders a hamburger from the menu at a diner and asks the server if he can substitute edamame for french fries. "No substitutions," says the server. We, like the server who cannot add or substitute entries on the menu, cannot add or substitute words in a statute. 
Section 128.7 provides for attorney fees sanctions against an attorney. The Attorney General, relying on the Carroll case, here elected not to seek section 128.7 relief. Unless and until the Legislature amends section 1038 to authorize an award of "sanctions" against counsel, defense costs and fees may not be imposed against counsel pursuant thereto. Just as the server at the diner said, "No substitutions" [sic - no period here]