California Supreme Court Civil Issues Pending: Attorney Related
[UPDATED THROUGH JANUARY 17, 2013]
Does a Victory on Procedural Grounds Support Attorney Fees under Civil Code § 1717? After the Court of Appeal affirmed an award of attorney fees the Court granted review on the following issue: Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code § 1717 as the prevailing party in an action on a contract? Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., S206354 (opinion below B234541, formerly 209 Cal.App.4th 604). Review was granted on 1/16/13.
Should An Undocumented Immigrant, Otherwise Qualified, Be Admitted to the State Bar? This case includes the following issues: (1) Does 8 U.S.C. §1621(c) apply and preclude this court’s admission of an undocumented immigrant to the State Bar of California? Does any other statute, regulation, or authority preclude the admission? (2) Is there any state legislation that provides — as specifically authorized by 8 U.S.C. §1621(d) — that undocumented immigrants are eligible for professional licenses in fields such as law, medicine, or other professions, and, if not, what significance, if any, should be given to the absence of such legislation? (3) Does the issuance of a license to practice law impliedly represent that the licensee may be legally employed as an attorney? (4) If licensed, what are the legal and public policy limitations, if any, on an undocumented immigrant’s ability to practice law? (5) What, if any, other public policy concerns arise with a grant of this application? In re Garcia on Admission, S202512. This is an original proceeding.
Under What Conditions Must the State Bar Disclose Collected Information?
The court limited review to the following issues: (1) What ground, if any, exists for
finding that the information sought by plaintiffs is information that is subject to public disclosure? (2) What is the effect, if any, of the representation of confidentiality made by the State Bar to the individuals from whom the information was collected? (3) Does the form in which the requested information is regularly maintained affect whether the State Bar must provide the requested information? Sander v. State Bar of California, S194951 (opinion below A128647, formerly 196 Cal.App.4th 614), review granted 8/25/11.
