This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Constitutional Law
First Amendment
Attorney Admissions

Tanesha Blye, Kimberly Alfriend, Robert Warner, Joel D. Joseph, Dennis E. Wiessner Jr., Richard Hake, Dawn Bertucci, National Association for the Advancement of Multijurisdiction Practice v. California Supreme Court

Published: Feb. 15, 2014 | Result Date: Jan. 21, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 4:11-cv-05046-DWM Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Stephen F. Rohde

Benjamin M. Dai

Jacqueline Griess


Defendant

Peter K. Southworth


Facts

Tanesha Blye, Kimberly Alfriend, Robert Warner, Joel Joseph, Dennis Wiessner, Richard Hake, Dawn Bertucci,and the National Association for the Advancement of Multijurisdiction Practice filed a complaint against the California Supreme Court, challenging the court's inherent powers to admit attorneys to practice in California. Plaintiffs consisted of individuals who were admitted to active practice in another jurisdiction, and wished to practice law in California, but have not passed the California Bar Examination. At some point, the U.S. District Court issued a pre-filing order.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that they have otherwise met the requirements to practice in California, except for taking the California Bar Examination. Nonetheless, they contended that they should be entitled to apply for admission to the California Bar on motion. Plaintiffs filed a complaint for injunctive and declaratory relief. They sought to invalidate California's "sister-state bar admission rules" and the California Bar for experienced attorneys under the privileges and immunities clause and right to travel, commerce clause, First Amendment, substantive due process, procedural due process, state law, civil rights, and declaratory judgment. Plaintiffs moved for summary judgment.

DEFENDANT'S CONTENTIONS:
Defendant claimed it was immune from prosecution, shielding it from any suit. Defendant filed a motion to dismiss and a motion to clarify the pre-filing order.

Result

The court granted defendant's motion to dismiss, and dismissed the operative complaint without leave to amend. Then, it denied defendant's motion to clarify and modify the pre-filing order as moot. In dismissing, the court found that most of plaintiffs' claims failed to meet the requirements of the pre-filing order. Further, the court ruled that those claims that did survive were subject to dismissal pursuant to the Federal Rule of Civil Procedure 12(b)(1) because defendants' sovereign immunity stripped the court of jurisdiction, absent a waiver of immunity. Accordingly, the court denied plaintiffs' motion for summary judgment as moot, and the case was dismissed with prejudice.


#104266

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390