Friday, March 03, 2006

Hoskins v. Hogstad (Redux) (Cal. Ct. App. - March 1, 2006)

Hey. No fair.

Justice Robie writes an opinion about the timing of anti-SLAPP motions that highlights the importance of doing things right, even if it means doing them yourself (rather than delegating). A lesson sufficiently worth repetition that I discuss it at some length.

But then, around a week later, Justice Robie decides to depublish the opinion. Apparently, Justice Robie didn't realize that the anti-SLAPP statute had recently been amended, in a manner that somewhat diminishes the doctrinal importance of the opinion (since the 30-day hearing deadline is, since October 2005, no longer jurisdictional).

Sure, that's a bit embarrassing for you, Ronald. But still. It was a good opinion. It taught lawyers a lesson. Maybe the eventual edits also teach jurists a lesson as well. It's a shame to see it depublished.