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Friday, November 13, 2009

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Steve Kane

A more recent example of an appellate court ignoring California Supreme Court precedent appears in Evans v. Lasco Bathware, Inc., ___ Cal.App.4th ___ (Oct. 13, 2009; pub. ord. Nov. 6, 2009)noted and commented on below in this blog, in which the 4th District refused to apply the ruling in Sav-on.

The Complex Litigator

I note that, rather than responding to the premise of my column, Mr. Norris chose to construe my column as an attack on the hard-working judges throughout California. Nothing in my column stated a lack of appreciation for the hard work that Courts do, and my blog has frequently noted those opinions where Courts were called upon to determine exceedingly difficult issues and did so above the call of duty. Instead, I take issue with Courts that view Supreme Court decisions as irrelevant, a disturbing conclusion for any lower Court to reach. I then noted that, based upon numbers of cases and statistics, there is a low probability that a lower Court will see any particular case reviewed. Finally, as an advocate, I'm more than entitled to express the opinion that various Court decisions are not consistent with controlling law.

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