TENTATIVE RULING
Peter Kleidman v. Division P, et al. Case No. 19SMCV01039
Defendants’ Demurrer to Complaint
Hearing Date: 12/11/2019
Plaintiff argues the California appellate process violates the federal and California constitutions. Plaintiff seeks a declaration that the following statutes, provisions, or rules are unconstitutional under the due process or equal protection clauses:
- Cal. Gov. Code §68081’s provision allowing a court of appeal to issue a decision based on an issue not initially briefed by the parties, as long as an opportunity for supplemental briefing is provided.
- The “Great Public Importance Rule,” under which the CA Supreme Court will only exercise original jurisdiction in cases where “the issues presented are of great public importance and must be resolved promptly.”
- The absence of any rule requiring a court of appeal opinion to address every argument made in the losing party’s papers
- The rule forbidding citation to unpublished opinions
- The porti
Hearing Date
December 11, 2019
Type
Other Complaint (non-tort/non-complex) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
TENTATIVE RULING
Peter Kleidman v. Division P, et al. Case No. 19SMCV01039
Defendants’ Demurrer to Complaint
Hearing Date: 12/11/2019
Plaintiff argues the California appellate process violates the federal and California constitutions. Plaintiff seeks a declaration that the following statutes, provisions, or rules are unconstitutional under the due process or equal protection clauses:
- Cal. Gov. Code §68081’s provision allowing a court of appeal to issue a decision based on an issue not initially briefed by the parties, as long as an opportunity for supplemental briefing is provided.
- The “Great Public Importance Rule,” under which the CA Supreme Court will only exercise original jurisdiction in cases where “the issues presented are of great public importance and must be resolved promptly.”
- The absence of any rule requiring a court of appeal opinion to address every argument made in the losing party’s papers
- The rule forbidding citation to unpublished opinions
- The porti