Thursday, January 05, 2017

Barry v. State Bar (Cal. Supreme Ct. - Jan 5, 2017)

When I read the Court of Appeal's opinion way back in 2013, I immediately wrote a lengthy missive -- some would say diatribe -- I said that the opinion seemed totally and completely wrong to me, and that I hoped the California Supreme Court would take the case up and reverse it.  Even though it was only about a $2,500 award of attorney's fees.

(The opinion is about whether a trial court can grant an anti-SLAPP motion and award fees to the prevailing defendant even if it turns out that there is no subject matter jurisdiction.  The Court of Appeal reversed the trial court's award and said "No.")

But, as I mentioned in the post, when I discussed the case with my wife, she thought that the Court of Appeal's opinion made a fair amount of sense, and leaned that way.  Which persuaded me that perhaps the opinion wasn't crazy, though it still seemed totally wrong.

Well, the California Supreme Court did take up the case, and at long last, today, issued its opinion.

Agreeing with me and reversing the Court of Appeal.  Unanimously.

This is, in my mind, yet another example of Harvard (my alma mater) beating Yale (my wife's).