Citation 43 Cal.4th 243 original opinion
45 Cal.4th 308a modification
Vasquez v. State of California
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: Does the rule that, in order to receive attorney fees under Code of Civil Procedure section 1021.5, the plaintiff must first reasonably attempt to settle the matter short of litigation, apply to this case? (See Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 557; Grimsley v. Board of Supervisors (1985) 169 Cal.App.3d 960, 966-967.)
Filed 12/17/08
IN THE SUPREME COURT OF CALIFORNIA
CRISTINA VASQUEZ,
)
Plaintiff and Respondent,
S143710
v.
Ct.App.
4/1
D045592
STATE OF CALIFORNIA,
San
Diego
County
Defendant and Appellant.
Super. Ct. No. GIC 740832
MODIFICATION OF OPINION
THE COURT:
On the court’s own motion, the opinion herein filed November 20, 2008,
and published at 45 Cal.4th 243, is modified as follows:
On page 252 of 45 Cal.4th, the sentence beginning, “For example, a
plaintiff suing under the Consumers Legal Remedies Act,” is modified to read as
follows:
For example, a plaintiff under the Consumers Legal Remedies Act (Civ.
Code, § 1750 et seq.) must notify the defendant of the particular violations
alleged and demand correction, repair, replacement, or other remedy at least
30 days before commencing an action for damages.
This modification does not affect the judgment.
IN THE SUPREME COURT OF CALIFORNIA
CRISTINA VASQUEZ,
)
Plaintiff and Respondent,
S143710
v.
Ct.App.
4/1
D045592
STATE OF CALIFORNIA,
San
Diego
County
Defendant and Appellant.
Super. Ct. No. GIC 740832
MODIFICATION OF OPINION
THE COURT:
On the court’s own motion, the opinion herein filed November 20, 2008,
and published at 45 Cal.4th 243, is modified as follows:
On page 252 of 45 Cal.4th, the sentence beginning, “For example, a
plaintiff suing under the Consumers Legal Remedies Act,” is modified to read as
follows:
For example, a plaintiff under the Consumers Legal Remedies Act (Civ.
Code, § 1750 et seq.) must notify the defendant of the particular violations
alleged and demand correction, repair, replacement, or other remedy at least
30 days before commencing an action for damages.
This modification does not affect the judgment.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: | Cross Referenced Cases: |
| Wed, 12/17/2008 | 43 Cal.4th 243 original opinion 45 Cal.4th 308a modification | S143710M | Review - Civil Appeal | closed; remittitur issued | VASQUEZ v. STATE OF CALIFORNIA (S156793) VASQUEZ v. STATE OF CALIFORNIA (S153813) VASQUEZ v. STATE OF CALIFORNIA (S114640) |
Parties
| 1 |
Impact Fund (Amicus curiae) Represented by Barrett S. Litt Litt & Associates 1055 Wilshire Boulevard, Suite 1880 Los Angeles, CA |
| 2 |
Impact Fund (Amicus curiae) Represented by Brad S. Seligman The Impact Fund 125 University Avenue, Suite 102 Berkeley, CA |
| 3 |
League Of California Cities (Amicus curiae) Represented by Andrea J. Saltzman Jarvis, Fay & Doporto & Gibson, LLP 475 Fourteenth Street, Suite 260 Oakland, CA |
| 4 |
Los Angeles County Bar Association (Amicus curiae) Represented by Richard A. Rothschild Western Center on Law & Poverty 3701 Wilshire Boulevard, Suite 208 Los Angeles, CA |
| 5 |
Los Angeles County Bar Association (Amicus curiae) Represented by Richard M. Pearl Attorney at Law 1816 Fifth Street Berkeley, CA |
| 6 |
Office Of The Attorney General (Amicus curiae) Represented by Edward G. Weil Office of the Attorney General 1515 Clay Street, 20th Floor Oakland, CA |
| 7 |
Pacific Legal Foundation (Amicus curiae) Represented by Deborah Joyce Lafetra Pacific Legal Foundation 3900 Lennane Drive, Suite 200 Sacramento, CA |
| 8 |
State Of California (Defendant and Appellant) Represented by Martin Nebrida Buchanan Niddrie Fish & Buchanan 750 "B" Street, Suite 2640 San Diego, CA |
| 9 |
State Of California (Defendant and Appellant) Represented by Thomas S. Clifton Archer Norris, APC 2033 N. Main Street, Suite 800 Walnut Creek, CA |
| 10 |
Vasquez, Cristina (Plaintiff and Respondent) Represented by Robert Berke Altshuler Berzon, LLP 1717 Fourth Street, 3rd Floor Santa Monica, CA |
| 11 |
Vasquez, Cristina (Plaintiff and Respondent) Represented by Robert S. Gerstein Law Ofcs of Robert S. Gerstein 12400 Wilshire Boulevard., Suite 1300 Los Angeles, CA |
| Disposition | |
| Nov 20 2008 | Opinion: Affirmed |
| Dockets | |
| May 22 2006 |
Petition for review filed State of California, Appellant by Martin N. Buchanan, counsel Filed in San Diego |
| May 25 2006 |
Received Court of Appeal record One doghouse |
| Jun 8 2006 |
Received: amended proof of service |
| Jun 12 2006 |
Answer to petition for review filed respondent, Cristina Vasquez |
| Jul 20 2006 |
Time extended to grant or deny review to 8-18-06 |
| Aug 16 2006 |
Petition for review granted; issues limited (civil case) Petition for review GRANTED. The issue to be briefed and argued are limited to the following: Does the rule that, in order to receive attorney fees under Code of Civil Procedure section 1021.5, the plaintiff must first reasonably attempt to settle the matter short of litigation, apply to this case? (See Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 557; Grimsley v. Board of Supervisors (1985) 169 Cal.App.3d 960, 966-967.) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ. |
| Aug 28 2006 |
Certification of interested entities or persons filed counsel for aplt. (State of Calif) |
| Aug 30 2006 |
Certification of interested entities or persons filed counsel for resp. (Vasquez) |
| Aug 30 2006 |
Association of attorneys filed for: Robert S. Gerstein for respondent Cristina Vasquez |
| Sep 13 2006 |
Opening brief on the merits filed Appellant, State of California by counsel, Martin N. Buchanan. |
| Oct 10 2006 |
Request for extension of time filed Respondent Cristina Vasquez to file Answer Brief/Merits [30 days] to November 13, 2006 |
| Oct 12 2006 |
Extension of time granted to and including November 13, 2006 to file respondent's answer brief on the merits. |
| Oct 23 2006 |
Request for extension of time filed respondent's Answer Brief/Merits to 12-13-06 |
| Oct 23 2006 |
Association of attorneys filed for: Michael Rubin and Altshuler, Berzon, Nussbaum, Rubin & Demain respondent Cristina Vasquez |
| Nov 9 2006 |
Extension of time granted On application of respondent and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including December 13, 2006. No further extensions are contemplated. |
| Dec 13 2006 |
Application filed to: exceed the word limit of The Answer Brief/Merits respondent Cristina Vasquez [submitted with brief] |
| Dec 13 2006 |
Motion to dismiss filed (non-AA) respondent Cristina Vasquez attorney Robert Berke |
| Dec 19 2006 |
Answer brief on the merits filed counsel for respondent w/permission |
| Dec 27 2006 |
Request for extension of time filed Counsel for aplt. requests extension of time to 1-8-07 to file the Opposition to Motion to Dismiss Review. |
| Jan 2 2007 |
Extension of time granted Appellant's time to serve and file the opposition to motion to dismiss is extended to and including January 8, 2007. |
| Jan 5 2007 |
Opposition filed counsel for aplt. to Motion to Dismiss Review w/Declaration of Robert F. Helfland |
| Jan 5 2007 |
Application to file over-length brief filed counsel for appellant State of Calif. |
| Jan 5 2007 |
Received: Oversized Reply Brief on the Merits, counsel for aplt. State of Calif. |
| Jan 9 2007 |
Reply brief filed (case fully briefed) w/permission counsel for appellant (State of Calif.) |
| Jan 23 2007 |
Application filed to: File Reply Memorandum in Support of Plf-Resp.'s Motion to Dismiss Review by counsel for respondent (Vasquez) |
| Jan 23 2007 |
Received: counsel for resp. Reply in support of Motion to Dismiss. |
| Jan 23 2007 |
Received: from counsels for resp. (Vasquez) Declarations of Della Bahan, Robert Berke, Janet Herold, Joseph A. Pertel, Robert L. Shipley in support of Motion to Dismiss Review as Improvidently Granted. |
| Jan 25 2007 |
Filed: by counsel for resp. Reply in Support of Motion to Dismiss Review as Improvidently granted w/permission. |
| Jan 30 2007 |
Change of contact information filed for: counsel for plf/resp. (Vasquez) to Altshuler Berzon, LLP |
| Feb 2 2007 |
Opposition filed by counsel for respondent to appellant's Request for Judicial Notice. |
| Feb 6 2007 |
Filed: counsel for State of Calif. amended Declaration of Service. |
| Feb 6 2007 |
Amicus curiae brief filed by Attorney General, Edmund G. Brown, Jr. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Feb 7 2007 |
Received application to file Amicus Curiae Brief The Impact Fund, et al in support of plf./resp. (Vasquez) |
| Feb 7 2007 |
Received application to file Amicus Curiae Brief Pacific Legal Foundation in support of plf/resp. |
| Feb 7 2007 |
Received application to file Amicus Curiae Brief League of California Cities et al., in support of appellant. |
| Feb 8 2007 |
Received application to file Amicus Curiae Brief Los Angeles County Bar Association in support of respondent. |
| Feb 15 2007 |
Permission to file amicus curiae brief granted Pacific Legal Foundation in support of respondent. |
| Feb 15 2007 |
Amicus curiae brief filed Pacific Legal Foundation in support of respondent, Cristina Vasquez, is hereby granted. An answer thereto may be served and filed by any party within 20 days of the filing of the brief. |
| Feb 15 2007 |
Permission to file amicus curiae brief granted League of California Cities and the California State Association of Counties in support of appellant. |
| Feb 15 2007 |
Amicus curiae brief filed League of California Cities and the California Association of Counties in support of appellant. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Feb 15 2007 |
Permission to file amicus curiae brief granted Los Angeles County Bar Association in support of respondent. |
| Feb 15 2007 |
Amicus curiae brief filed Los Angeles County Bar Association in support of respondent. An answer thereto may be served and filed by any party within 20 days of the filing of the brief. |
| Feb 15 2007 |
Permission to file amicus curiae brief granted The Impact Fund, et al., in support of respondent |
| Feb 15 2007 |
Amicus curiae brief filed The Impact Fund, et al., in support of appellant. An answer thereto may be served and filed by any party within 20 days of the filing of the brief. |
| Feb 27 2007 |
Response to amicus curiae brief filed Respondent Cristina Vasquez responding to amicus brief of A.G. Edmund G. Brown Jr., and League of California Cities and California State Association.of Counties. |
| Mar 2 2007 |
Response to amicus curiae brief filed counsel for aplt. State of Calif. to a/c brief of The Impact Fund, et al. |
| Apr 24 2007 |
Change of contact information filed for: Law Offices of Robert S. Gerstein, counsel for Respondent Cristina Vasquez. |
| Apr 24 2007 |
Received: from Law Offices of Robert S. Gerstein, letter advising court of his unavailability. |
| Jun 22 2007 |
Request for judicial notice filed (granted case) Cristina Vasquez, Respondent Attorney Robert Berke |
| Jul 17 2007 |
Opposition filed counsel for aplt. (State of Calif.) to Motion for Judicial Notice: Exhibits A-C |
| Jul 26 2007 |
Filed: reply to opposition to request for judicial notice Cristina Vasquez, Respondent |
| Nov 9 2007 |
Filed letter from: counsel for respondent Cristina Vasquez of recent Ninth Circuit decision [letter dated 11-7-2007] |
| Jun 4 2008 |
2nd record request Remaining records,, Overnight Mail |
| Jun 6 2008 |
Received Court of Appeal record 3 boxes |
| Jul 30 2008 |
Case ordered on calendar to be argued Wednesday, September 3, 2008, at 9:00 a.m., in San Francisco |
| Aug 4 2008 |
Motion to dismiss denied Respondent's "Request for Judicial Notice," filed on June 22, 2007, is denied. Respondent's "Motion to Dismiss Review," filed on December 13, 2006, is denied. |
| Aug 5 2008 |
Change of contact information filed for: counsel for amicus curiae League of Calif. Cities., new firm name Jarvis, Fay, Doporto & Gibson, LLP |
| Aug 8 2008 |
Request for judicial notice filed (granted case) counsel for resp. Cristina Vasquez |
| Aug 12 2008 |
Opposition filed counsel for aplt. State of California to Request for Judicial Notice. |
| Aug 13 2008 |
Received: respondent Cristina Vasquez's document entitled: 'reply in support of request for judicial notice' |
| Aug 18 2008 |
Note: Mail returned and re-sent Address for Robert Berke updated per telephone call (now noted on Party tab as 1717 Fourth Street, 3rd Floor, Santa Monica, CA 90401). |
| Aug 19 2008 |
Application filed to divide oral argument time; two counsel for respondent Vasquez asking to split time 15 minutes/15 minutes. |
| Aug 21 2008 |
Order filed The request of counsel for respondent in the above-referenced cause to allow two counsel to argue on behalf of respondent at oral argument is hereby granted. The request of respondent to allocate to counsel Michael Rubin 15 minutes and counsel Robert Berke 15 minutes of respondent's 30-minute allotted time for oral argument is granted. |
| Aug 22 2008 |
Filed: counsel for resp. Notice of Supplemental Authorities. |
| Aug 27 2008 | Request for judicial notice denied |
| Sep 3 2008 | Cause argued and submitted |
| Nov 19 2008 | Notice of forthcoming opinion posted |
| Nov 20 2008 |
Opinion filed: Judgment affirmed in full OPINION BY: Werdegar, J. ----- joined by: George, C.J., Kennard, Baxter, Chin, Moreno, and Corrigan, JJ. |
| Dec 1 2008 |
Request for modification of opinion filed The Sturdevant Law Firm (non-party) James Sturdevant, counsel |
| Dec 17 2008 |
Opinion modified - no change in judgment THE COURT: On the court's own motion, the opinion herein filed November 20, 2008, and published at 45 Cal.4th 243, is modified as follows: On page 252 of 45 Cal.4th, the sentence beginning, "For example, a plaintiff suing under the Consumers Legal Remedies Act," is modified to read as follows: For example, a plaintiff under the Consumers Legal Remedies Act (Civ. Code, ? 1750 et seq.) must notify the defendant of the particular violations alleged and demand correction, repair, replacement, or other remedy at least 30 days before commencing an action for damages. This modification does not affect the judgment. Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ. |
| Dec 17 2008 |
Request for modification granted The opinion is modified. |
| Dec 17 2008 | Remittitur issued (civil case) |
| Dec 24 2008 |
Received: receipt for remittitur from CA 4/1 |
| Briefs | |
| Sep 13 2006 |
Opening brief on the merits filed |
| Dec 19 2006 |
Answer brief on the merits filed |
| Jan 9 2007 |
Reply brief filed (case fully briefed) |
| Feb 6 2007 |
Amicus curiae brief filed |
| Feb 15 2007 |
Amicus curiae brief filed |
| Feb 15 2007 |
Amicus curiae brief filed |
| Feb 15 2007 |
Amicus curiae brief filed |
| Feb 15 2007 |
Amicus curiae brief filed |
| Feb 27 2007 |
Response to amicus curiae brief filed |
| Mar 2 2007 |
Response to amicus curiae brief filed |
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website.
