California Court of Appeal

Affirmed. Plaintiffs brought a declaratory relief action against the State of California claiming a nonrefundable fee for a jury trial is unconstitutional. The trial court granted the California motion for judgment on the pleadings on the grounds that California is not the proper defendant. Plaintiff appealed. The 1st Appellate District court of California affirmed the judgment of the trial court citing Serrano v. Priest (1976) 18 Cal.3d 728 stating that the proper parties in declaratory relief actions challenging state statues are the state officers with statewide administrative functions.

Appellate Information

• Published 2018/06/18

Judges

• McGuiness

Court

• California Court of Appeal

Counsel