Cathi Celeste Bruce v. Jeffrey Harold Bruce
The panel affirmed the dissolution judgment by PCA, and Judge Klingensmith's concurrence offers a sustained defense of the per curiam affirmance against the selective-publication proposal floated in the Mayfield concurrence. The concurrence argues PCAs reflect judicial restraint, conserve finite judicial resources, and avoid the de facto precedent and doctrinal drift that unpublished-opinion regimes in the federal courts and California have produced.
Key facts
- The Fourth District per curiam affirmed a dissolution-of-marriage judgment, finding no reversible error and only routine application of settled law.
- The appeal involved unpreserved error, invited error, harmless error, and no error, presenting no novel question and no need to reconcile precedent.
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Holdings
- The per curiam affirmance is a legitimate and necessary appellate disposition for cases controlled by settled law that require no precedential elaboration; a PCA has no precedential effect…
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Why it matters
Though the disposition is a domestic-relations PCA, the Klingensmith/Gross concurrence is significant for appellate practitioners as the counterpoint to the Mayfield selective-publication proposal, framing an explicit… — full analysis with a trial
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