Grant, Grant Not, Reverse, Reverse Not, Depub, Repub, But Is There Amend?

Rodriguez v. RWA Packing Co., No. S214150 (Cal. Jul. 29, 2015).

This is a Supreme Court order releasing a case from a grant-and-hold pending its decision on a case addressing related issues. Having decided the related case consistently with the court of appeal’s decision here, the Court orders the case republished, but amends a footnote to delete a reference that the related case is currently under review. I suppose that clarifies things. But does the Supreme Court have the authority to just order the amendment of an opinion on repub? Don’t think that’s in the rules. Inherent authority? And how is Westlaw going to handle the keycite?

Wage & Hour Violations Aren't "Personal Inuries" for Default Purposes

Rodriguez v. Cho, No. B256985 (D2d8 May 7, 2015) 

Plaintiff, who cleans offices, filed a wage and hour case against defendant, her employer. The prayer in her complaint demanded damages to be proven at trial and a $10,000 civil penalty. Along with the complaint, she served a “statement of damages” demanding $3.2 million in general, special and punitive damages.  Defendant defaulted.  At the damages prove up, plaintiff’s prove-up documents sought a little less than $300k.  The court ultimately entered a default judgment for about $130k.

On the Dangers of Finding a Cite and Calling It Quits

Rodriguez v. Brill, No. F068518 (D5 Feb. 20, 2015)

This case touches on what, to me, is one of the most significant questions of practical appellate jurisprudence: In issuing a reasoned decision, what is the court’s obligation to independently research issues that are presented by the parties, but not thoroughly briefed? (Or, for that matter, issues that appear to be thoroughly briefed, but aren’t.)