Legal Opinion

Rowe v. Superior Court

California Court of Appeal

Decided May 25, 1993No. B070406PublishedCited by 28 opinions

1Opinion of the Court

Opinion

CROSKEY, J.

Petitioners Dee Rowe and S. Glover Rowe (collectively Rowe) seek a writ of mandate to overturn the trial court’s refusal to permit the amendment of Rowe’s complaint against the Church of Scientology of Orange County (Scientology) 1 to allege a claim for punitive damages. Such pre-pleading permission by the court is a requirement imposed by Code of Civil Procedure section 425.14. 2 Rowe attacks this legislation by asserting that it is unconstitutional on the grounds that it violates (1) California’s constitutional guarantee of a jury trial and (2) the establishment clause of…

2Cases cited33 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Shelley v. KraemerSupreme Court of the United States · 1948
  5. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947

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3Cited by28 opinions

  1. Wilcox v. Superior CourtCalifornia Court of Appeal · 1994
  2. College Hospital, Inc. v. Superior CourtCalifornia Supreme Court · 1994
  3. Lafayette Morehouse, Inc. v. Chronicle Publishing Co.California Court of Appeal · 1995
  4. Robertson v. RodriguezCalifornia Court of Appeal · 1995
  5. American Airlines, Inc. v. Sheppard, Mullin, Richter & HamptonCalifornia Court of Appeal · 2002

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