FPC Files Motion for Injunction Pending Appeal in Lawsuit Challenging California’s Unilateral Fee-Shifting Provision By: Firearms Policy Coalition

0
48

SAN FRANCISCO (February 15, 2024) – Today, Firearms Policy Coalition (FPC) announced that it has filed a motion for injunction pending appeal with the Ninth Circuit Court of appeals in its FPC v. San Diego lawsuit, which challenges the unilateral fee-shifting provision of California Code of Civil Procedure section 1021.11. The motion can be viewed at FPCLegal.org.

Thank you for reading this post, don't forget to follow and signup for notifications!

FPC has already been granted an injunction preventing the enforcement of 1021.11 against the California State Defendants in its case known as Miller 2. This case seeks to extend that injunction to multiple local municipalities, but was dismissed by the district court judge last month.

“There is no real doubt that Plaintiffs will ultimately succeed on the merits of their underlying constitutional challenge to Section 1021.11,” argues the motion. “The effect of the district court’s standing analysis, however, is that Plaintiffs cannot get that determination until they actually face a claim for fees under the statute. Given the hostility shown toward Second Amendment claims, Plaintiffs (and their counsel) are justifiably concerned that their final vindication would require the expenditure of significant resources.”

“Every party involved in this case knows that California’s fee-shifting law is unconstitutional, yet the Defendant cities and counties refuse to disclaim its use, instead preferring to keep it in their back pocket as a means of repressing individuals from accessing the court to vindicate their rights,” said Cody J. Wisniewski, FPC Action Foundation’s Vice President and General Counsel, and counsel for FPC. “All we are asking is for the Court to prevent them from using this unconstitutional provision to discourage peaceable people from accessing the courts.”

FPC is joined in this case by California Gun Rights Foundation and San Diego County Gun Owners PAC.

Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.