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Garcia v. Paramount Citrus Ass'n (Cal. Ct. App. - July 21, 2008)

By Shaun Martin

"Dude, I authored a kickin' opinion when this thing first came up. Then, after you lost, you let me know that one of my colleagues/panel members should have been disqualified. So be it. We replaced the disqualified justice with another one and reheard the thing. That's good enough. We ain't gonna get a whole new panel -- from a different district, no less -- like you asked. We also won't refrain from using any of the language I used in the earlier opinion. Which, IMHO, kicked butt. Albeit yours.

So here's my opinion, again, with minor technical changes. Deal with it. You don't get a second bite at the apple just because the earlier one had a tiny little worm in it we didn't know about. We took out the worm. Apple's the same."

That, in a euphamistic nutshell, is what Justice Vartabedian says here.

P.S. - Not that he -- or I -- are calling Justice Kane a worm. I want to make that crystal clear.

Full post as published by California Appellate Report on July 22, 2008 (boomark / email).