California 2nd Amendment Fee Shifting Law Bites the Dust

[JAL]

California passed a Draconian law, automatically assigning all of California's legal fees on plaintiffs if a 2nd Amendment case brought against the state did not prevail 100% on all its grounds. That means you could, as a plaintiff, prevail on one of several grounds with the law permanently enjoined (struck down), but not on all grounds, and you'd still be pursued to the ends of the Earth for all of California's legal fees incurred in defending itself, including all your property and assets being seized without exception to repay California. The purpose of it was to make the risk of financial destruction so great that no individual or attorney would take any case challenging a California firearm regulation or statute.

Saint Benitez in the Southern District of California has permanently enjoined its enforcement under any or all circumstances by any California government entity. His opinion leads off with -- which speaks volumes where the rest of it is going:

“It is cynical.” “It is an abomination.” “It is outrageous and objectionable.” “There is no dispute that it raises serious constitutional questions.” “It is an unprecedented attempt to thwart judicial review.”

Court Listener case minutes:
https://www.courtlistener.com/docket/65384542/south-bay-rod-gun-club-inc-v-bonta/

PDF with Benitez' decision and opinion
https://storage.courtlistener.com/recap/gov.uscourts.casd.743507/gov.uscourts.casd.743507.36.0.pdf

 

[KellyinAvon]

Judge Benitez for SCOTUS!!

 

[gassprint1]

Making your own conflict of interest law to pay fees. Commifornia sure knows how to come up with some good ones. Wait till they throw a monster tax when buying firearms. The firarms tax. Yep, i spelled it that way.

 

[JAL]

Making your own conflict of interest law to pay fees. Commifornia sure knows how to come up with some good ones. Wait till they throw a monster tax when buying firearms. The firarms tax. Yep, i spelled it that way.

San Jose has already done it, implementing a tax (annual fee for every firearm) and requiring liability insurance -- hoping to so cripple gun owners financially that they cannot afford to have them. Provisions in the ordinance reek of the Jim Crow poll taxes and voter literacy tests. The day after voting the ordinance into law, the National Association for Gun Rights filed a Federal lawsuit in the Northern District of California, San Jose Division. The Commiefornia Crazies just won't quit.

Current case status is here . . . and they're currently arguing over motion to dismiss. The ordinance will ultimately fail. It's a matter of how far up the Federal Court system it will have to go before it does.
https://www.courtlistener.com/docke...iation-for-gun-rights-inc-v-city-of-san-jose/