In his rock and roll standard, “End of the Innocence,” Bruce Hornsby notes that “The lawyers dwell on small details.” That’s true. We have to. The devil isn’t the only resident in the details; sometimes truth and fairness lodge there as well.
In this case, we address a “detail” that was lost or hidden and resulted in what we consider an injustice. Fortunately, as is usually the case, painstaking attention to other small details enables us to correct this injustice. If you dwell on small details with an eye to fairness, the law works well.
A nice follow-up to last week's unpub (here: Martinez v. CalTrans) that we already noted last week. Because this case "makes a significant contribution to legal literature," someone should seek publication!
The nickname "Mr. 8.1105(c)(7)" doesn't exactly roll off the tongue, but it seems like a fitting appellation...
[6/16 update: Can't get enough of Beds? The Recorder runs his latest column today, Bedsworth: Put Down That Fork and Step Away From the Plate]
Literary merit aside, if you're just looking for appellate law, then check out this published case from 4/1 here, dismissing an appeal because "this unsigned minute order is not an appealable order."