California Supreme Court,
Civil Litigation
Jan. 11, 2022
Breadcrumbs or apple seeds?
Some (but not all) judges on occasion seem to place language in their opinions that can serve as breadcrumbs (because the language is meant to reinforce existing precedent) or as apple seeds (because the language can be cited in a subsequent case as justification or support for a new rule of law the judge may wish to be adopted in the latter case). A recent anti-SLAPP decision by the California Supreme Court is a useful illustration of this.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
People often leave things behind for a reason.
Sometimes, they leave something behind in order to find their way back home. That was what Hansel and Gretel did when they left a trail of breadcrumbs as they were led into the forest.
Other times, they leave something behind in order to create something new. That was what John Chapman (aka Johnny Appleseed) did when he traveled the Northwest Territory in the early ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In