Tuesday, May 5, 2020

Cite unpubs? Pay $1,100

Below are some choice snippets from this unpub'd here from 2/5 today:

    Do not pass 'Go'
  • Plaintiffs also argued California rules prohibiting citation to unpublished decisions by the Courts of Appeal abridged their constitutional rights.
  • This attorney fees appeal nosedives almost as fast as plaintiffs’ last untimely appeal of the trial court’s anti-SLAPP ruling. 
  • Further, even if we had an adequate record, we would find plaintiffs’ apportionment argument unconvincing; their citations to unpublished cases are of course no match for settled law that treats dismissal of an appeal as an unqualified victory for a respondent. And as to those citations to unpublished cases, we reject plaintiffs’ argument that rules prohibiting their citation are unconstitutional. We also impose modest sanctions ... for citing the unpublished cases
  • Plaintiffs’ Monday morning quarterback argument to the contrary is unpersuasive.
  • Published authority already exists warning against citation of unpublished opinions. [Cites]