Legal Opinion

Ernest J. Franceschi, Jr., Esq. v. Kenneth Schwartz, Commissioner of South Orange County Municipal Court

Court of Appeals for the Ninth Circuit

Decided June 14, 1995No. 94-55027PublishedCited by 197 opinions

1Per curiam

Ernest J. Franceschi, Jr., a California attorney (State Bar No. 112893), appeals the judgment of the district court 1) dismissing his 42 U.S.C. § 1983 action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) and 2) awarding attorneys’ fees to the defendants pursuant to 42 U.S.C. § 1988. We affirm.

I

Franceschi bases his 42 U.S.C. § 1983 action upon the incidents which occurred at his arraignment in the South Orange County Municipal Court, County of Orange in June, 1992 on charges of illegally possessing more than one driver’s license and making an unsafe lane change in violation of…

2Cases cited15 opinions

  1. City of Canton v. HarrisSupreme Court of the United States · 1989
  2. Stump v. SparkmanSupreme Court of the United States · 1978
  3. Mullis v. United States Bankruptcy Court for the District of NevadaCourt of Appeals for the Ninth Circuit · 1987
  4. Kenneth O. Ashelman v. Hon. Gary Pope, Judge Division I, Mohave County Superior Court Mohave County Attorney's OfficeCourt of Appeals for the Ninth Circuit · 1986
  5. Robert M. Schucker v. Terry G. Rockwood James C. Fukuhara Dewar, Romig & Rockwood, Inc. Anne D. McGowan Delay, Laredo & McGowan Maurice JourdaneCourt of Appeals for the Ninth Circuit · 1988

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3Cited by197 opinions

  1. Charles H. CAHILL; Aniko Der Cahill, Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE CO., Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  2. Tennessee v. LaneSupreme Court of the United States · 2004
  3. Fireman's Fund Insurance Company, a California Corporation v. City of Lodi, California, Jack Sieglock, in His Capacity as Mayor of the City of Lodi Richard Prima, Jr., in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650 Randall A. Hays, Individually and in His Capacity as Lodi City Attorney Michael C. Donovan, Individually and in His Capacity as Lodi Assistant City Attorney Adam L. Babich, Individually and in His Capacity as Lodi Assistant City Attorney Steven H. Doto, Individually and in His Capacity as Lodi Assistant City Attorney Bret A. Stone, Individually and in His Capacity as Lodi Assistant City Attorney John R. Till, Individually and in His Capacity as Lodi Assistant City Attorney Zevnik, Horton, Guibord and McGovern Llp, Individually and in Their Capacity as Lodi Assistant City Attorneys Fran E. Forkas, in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650, Unigard Insurance Company, a Washington Corporation Unigard Security Insurance Company, a Washington Corporation v. City of LodiCourt of Appeals for the Ninth Circuit · 2002
  4. Butler v. ElleCourt of Appeals for the Ninth Circuit · 2002
  5. 71 Fair empl.prac.cas. (Bna) 584, 68 Empl. Prac. Dec. P 44,170, 97 Cal. Daily Op. Serv. 5069, 96 Daily Journal D.A.R. 8191 Robert T. Ortez, Sr. v. Washington County, State of Oregon John Junkin, County Attorney Michelle Barrerr, County Attorney Charles Cameron, County Administrator and Susan Wilson, County SupervisorCourt of Appeals for the Ninth Circuit · 1996

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