Peter Kleidman v. Court of Appeal of California, Second Appellate District, et al.
AdministrativeLaw DueProcess
Whether California's No-citation Rule is unconstitutional
QUESTIONS PRESENTED California Rule of Court 8.1115(a), the “No; citation Rule,” gives a California Court of Appeal the power to prohibit its decision from being cited as an authority in any other California court. Question 1. Is California’s No-citation Rule unconstitutional because it is substantively repugnant to due process? Question 2. Is California’s No-citation Rule unconstitutional because it is substantively repugnant to equal protection? Question 3. Did the Court of Appeal violate Kleidman’s right to due process by deciding a new rule of law: adversely to Kleidman, while simultaneously invoking the No-citation Rule so that the new rule is not part of California law generally? Question 4. Did the Court of Appeal violate Kleidman’s right to equal protection by deciding a : . new rule of law adversely to Kleidman, while i simultaneously invoking the No-citation Rule so that the new rule is not part of California law generally? : Question 5. When a California Court of Appeal dismisses an appeal as untimely filed, sometimes the _ | dismissal is decided with the concurrence of two justices whereas other times it is decided by a single . justice. Is this classification — appeals dismissed as . untimely with the concurrence of two justices vis-avis appeals dismissed as untimely by a single justice — violative of equal protection? :