Monday, July 08, 2019

Hoffman v. Pulido (9th Cir. - July 8, 2019)

Appellate courts in California are definitely returning from vacation slowly.

On the state side, today gives us (1) insubstantial edits to a prior opinion; (2) publication of a previously unpublished opinion (that simply does what the Ninth Circuit did in a prior unpublished opinion); and (3) a California Supreme Court opinion that affirms the Court of Appeal and agrees with the view of the California Department of Social Services in a welfare case.

I'd say that none of those opinions are exactly earth-shattering, though I fear that might perhaps trigger someone still reeling from the 7.1 earthquake over the holiday.

On the federal side, there's only one published opinion.  In a fact-specific decision, it holds that one of a prisoner's prior lawsuits was dismissed for lack of subject matter jurisdiction and hence does not count as a "strike" for purposes of having to pay filing fees in the future.  Mind you, the guy's filed something like 21 different lawsuits in the past, and the last footnote mentions that some of those lawsuits might perhaps also count as a strike -- something the district court will have to decide on remand.  So it's not like this opinion is likely to make much of a difference on the merits.

So here's my recommendation to you:  Take a day off reading appellate opinions.  Pretend like it's still the holiday weekend.

Sans the earthquakes.