Thursday, October 19, 2023

Martin v. Gladstone (Cal. Ct. App. - Oct. 19, 2023)

Read this opinion by Justice Dato and you'll be able to impress your friends with your knowledge of an obscure 19th century principle called the Barton doctrine and its contemporary breadth.

Or, perhaps, such a task would be an hour of your life that you could nthen ever get back. In that case, maybe just read the first footnote:

"Originating from United States Supreme Court precedent in Barton v. Barbour (1881) 104 U.S. 126 (Barton) and its progeny, the Barton doctrine “requires, before filing a lawsuit against officers appointed or approved by the court, obtaining leave from the bankruptcy court that appointed or approved them.” (Akhlaghpour v. Orantes (2022) 86 Cal.App.5th 232, 238–239 (Akhlaghpour).) We discuss the contours of the Barton doctrine, and its significant statutory exception, later in this opinion."

Yeah. That's probably good enough for now.