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- The rule forbidding citation to unpublished opinions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