Schmier

Michael Schmier (appellant) appeals the dismissal of his complaint for injunctive relief and writ of mandate after the demurrer of respondents, the Supreme Court of California, the Court of Appeal of California and the Judicial Council of California, was sustained without leave to amend. Appellant seeks to enjoin respondents from enforcing the rules governing publication of opinions (California Rules of Court, rules 976-979), contending they are unconstitutional and conflict with statutory law.

Background

Rule 976(b) provides that no opinion of the Court of Appeal -may be published in the Official Reports unless it “(1) establishes a new rule of law, applies an existing rule to a set of facts significantly different from those stated in published opinions, or modifies, or criticizes with reasons given, an existing rule; ft[] (2) resolves or creates an apparent conflict in the law; [^] (3) involves a legal issue of continuing public interest; or ft[] (4) makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law.” Rule…