96 F.4th 1255
9th Cir.2024Background
- Larry Grant and his daughter, P.C., appealed a district court’s summary judgment ruling in favor of the City of Long Beach and Gabriela Rodriguez.
- Grant and P.C. alleged violations of their constitutional rights (association and due process) as well as state-law claims.
- The appellants filed an opening appellate brief but did not file a reply brief.
- The appellate brief was found to include material misrepresentations and fabricated case law references.
- The Ninth Circuit issued a focus order prior to oral argument, asking about the apparently non-existent cases.
- Appellants’ counsel could not adequately explain or correct the miscitations, leading the Court to strike the brief and dismiss the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compliance with appellate briefing rules | Grant argued procedural and substantive errors below supported reversal | City maintained the brief was non-compliant, inaccurate | Appeal dismissed for failure to comply with rules |
| Use of accurate and relevant case law citations | Cited numerous cases as authority for his claims | Pointed out misrepresentation and fabrication of citations | Found appellant's citations were inappropriate |
| Whether summary judgment for defendants was proper | Claimed constitutional and state-law rights were violated | Argued summary judgment was correct | Did not rule on merits—procedural dismissal |
| Adequacy of counsel's explanations for citations | Tried to explain or distinguish miscited/nonexistent cases at argument | Argued explanations were insufficient | Explanations found unpersuasive and inadequate |
Key Cases Cited
- Sekiya v. Gates, 508 F.3d 1198 (9th Cir. 2007) (discusses mandatory appellate briefing requirements)
- N/S Corp. v. Liberty Mut. Ins., 127 F.3d 1145 (9th Cir. 1997) (court’s discretion to dismiss appeal due to briefing deficiencies)
- In re O'Brien, 312 F.3d 1135 (9th Cir. 2002) (authority for striking a brief and dismissing an appeal for rule violations)
