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96 F.4th 1255
9th Cir.
2024
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Background

  • 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)
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Case Details

Case Name: Larry Grant v. City of Long Beach
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Mar 22, 2024
Citations: 96 F.4th 1255; 22-56121
Docket Number: 22-56121
Court Abbreviation: 9th Cir.
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    Larry Grant v. City of Long Beach, 96 F.4th 1255