Opinion

In Re Rose V

  • 93 Cal. Rptr. 2d 298
  • 22 Cal. 4th 430
  • 22 Cal. 430
  • 2000 Daily Journal DAR 2449
  • 993 P.2d 956
Court
California Supreme Court
Filed
Mar 6, 2000
Status
Published
Author
Mosk
On the bench
George, Mosk, Kennard
Cited by
51 cases
Authority
More cited than 4.7%

finding that 2 summary denial of a petition for review of a State Bar Court’s disciplinary recommendation was 3 on the merits

How later courts described this case

  • finding that 2 summary denial of a petition for review of a State Bar Court’s disciplinary recommendation was 3 on the merits
  • indicating that the California Supreme Court’s summary denial of a petition for review of a State Bar Court disciplinary recommendation amounts to a judicial determination on the merits
  • “a valid choice-of-law clause . . . encompasses all 23 causes of action arising from or related to that agreement, regardless of how they 24 are characterized, including tortious breaches of duties emanating from the 25 agreement or the legal relationships it creates
  • the State Bar is “placed within the judicial article of the California Constitution” and is “expressly acknowledged as an integral part of the judicial function”

Written by the judges who cited it.

The opinion

MOSK, J .

—I concur in the result.

I do so because I am of the view that the California Constitution’s grant to us of “plenary” power (In re Lacey (1938) 11 Cal.2d 699, 701 [ 81 P.2d 935 ]; see generally In re Attorney Discipline System (1998) 19 Cal.4th 582, 591-607 [ 79 Cal.Rptr.2d 836 , 967 P.2d 49 ]) to regulate attorneys (see Cal. Const., art. VI, §§ 1, 9) displaces any contrary restraint that the state charter would otherwise impose in its requirement that our “[d]ecisions . . . that determine causes shall be in writing with reasons stated” {id., art. VI, § 14).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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