Thursday, January 27, 2011

Kwikset Corp v. Superior Ct. (Cal. Supreme Ct. - Jan. 27, 2011)

I won't say much about this case.  It's a (relatively) high-profile UCL standing case from the California Supreme Court, so will get a decent amount of press elsewhere.  No need for me to pile on.

But I did want to say two quick things.  First, this is a really wonderful opinion by Justice Werdegar.  One of her best, in my view, in the sixteen year she's been on the Court.  The entire time I was reading it, I thought to myself:  "Wow.  Whoever's writing this is smart, and a really good writer.  I wish I could do half as well."  It's analytically solid.  Extremely so.  Second, on a related note, it really crushes Justice Chin's dissent.  It's not even close.  It's not that Justice Chin doesn't have a point.  But it's largely a political one.  If you care about law and legal analysis, in my opinion, it's not even a fight.  So I thought it disappointing that Justices Chin and Corrigan would go the other way.  Not perhaps unexpected, but disappointing nonetheless.

But let's focus on the positive.  If you want to read a great example of a really good opinion, read Justice Werdegar's.  It's incredibly solid.  Extremely good.