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What California state court cases can I cite in my motion to compel that relates to similarly-situated employees as comparator?

San Jose, CA |

Can I cite US Supreme Court decisions?

Attorney Answers 3

  1. You could cite U.S. Supreme Court cases in your memorandum of points and authorities in support of your motion to compel, but such cases probably would not be nearly as effective as a California Supreme Court case on point.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. Before you do a lot of research in appellate case law, state or federal, consider that the possibilities are very slim that your motion will turn on issues decided by the high courts. Trial level courts in large metropolitan jurisdictions hear motions to compel almost daily. The judge knows the controlling law, backwards, forwards, and sideways. Your case will almost inevitably be decided by the facts and procedural course of your discovery dispute.

    Are you using Rutter or CEB? Your authorities will mostly be statutory (and don't forget court rules) and maybe a few CA appellate cites interpreting the critical statutes. Giving the court a brief of law on uncontested legal points, instead of sound and specific analysis of your facts and contentions as measured against the CA discovery statutes, is almost never helpful.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  3. Question is a bit confusing. No one here can give you the citation to a case helpful to you, as we dont know the details of your case. In general, the cases that carry the most weight are Calif supreme court cases, then court of appeal cases from your local court of appeal (6th district), then court of appeal cases from other state districts, then possibly Superior court Appellate dept cases. US supreme court cases, and other federal circuit court and district court decisions can be cited as well. You can even cite decisions from other state courts. Usually you only do that if there is nothing relevant in Calif and other states have addressed the issue.

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