Tuesday, February 17, 2015

In Praise of Redlines . . .

Bertoli v. Sebastopol, No. A132916 (D1d4, as modified Jan. 30, 2015)

This is a modified opinion and nothing being modified is of procedural significance. What is significant is way the modification is drafted. The manner in which opinions are usually modified is somewhat less than transparent. Under the established practice, you can only figure out what’s going on—and whether its significant or just a minor fix—by reference to page, paragraph and sentence descriptions. In contrast, this order includes strikeouts that show exactly what text has been deleted and clear indications of what the court is adding. Helpful.

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