Supreme Court Aggressively Asserts Ambiguity in Pursuit of Proper Policy

City of L.A. v. County of Kern, No. S210150 (Cal. July 7, 2014)

Apropos of the recent hubbub in LA over what is and isn’t a federal question, the California Supreme Court deals with a federal law issue that, practically speaking, only comes up in state court: How long does a plaintiff have to re-file its claims in state court when a federal court declines supplemental jurisdiction under 28 U.S.C. § 1367(c)? Noting a “deep and long-standing national divide” on the issue, the court—continuing its streak of short opinions by Justice Werdegar—unanimously holds that 28 U.S.C. § 1367(d) does mean when it seems to say.

Text vs. Purpose in the Anti-SLAPP Regime (We'll Need More than a Weatherman....)

Hunter v. CBS Broadcasting, No. B244832 (D2d7 Dec. 11, 2013)
 
The court of appeal holds that a TV station’s selection of its weather anchor is conduct in furtherance of its right to free speech in connection with an issue of public interest and thus that a discrimination complaint challenging its selection arises from protected activity under the anti-SLAPP statute.

Judicial Restraint

Kurz v. Syrus Systems, Inc., No. H038694 (D6 Nov. 22, 2013)

District Six interprets a provision in the Unemployment Insurance Code to bar the use of an unemployment insurance appeal judgment as evidence in a later case for malicious prosecution. Without that evidence the party bringing the claim could not establish that the appeal had been terminated in its favor. Because that party could not show a likelihood of success, the court holds that a SLAPP motion attacking the claim should have been granted.