Second Shot for the First Time on Appeal

Sierra Palms Homeowners Assoc. v. Metro Gold Line Extension Construction Authority, No. B275241 (D2d7 Jan. 29, 2018).

California has an inefficient rule that if a demurrer is granted against you, you can argue for the first time on appeal that you should have been afforded leave to amend. Indeed, the standard is codified expressly into Code of Civil Procedure § 472c(a). And that’s what happens here. On remand, Plaintiff gets to amend to add an inverse condemnation claim against one of the Defendants, even though it never requested that relief in superior court.

Reversed.

Let's Stop Rewarding Demurrer Sandbagging

Connerly v. California, No. C073753 (D3 Sept. 3, 2014)

So Ward Connerly and his crew at the Pacific Legal Foundation are peeved about some vague pro-diversity language in the statutory procedures governing the selection of the California Citizens Redistricting Commission. The relevant statute—Government Code § 8252—provides that six of the commissioners should be “chosen to ensure the commission reflect this state’s diversity, including, but not limited to, racial, ethnic, geographic, and gender diversity.” Connerly sued, claiming that the statute violates Prop. 209.