Bonta

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES MILLER, et al., Case No.: 22cv1446-BEN (JLB)

Plaintiffs,

v.

OPINION AND ORDER ENJOINING

Rob Bonta, Attorney General of

ENFORCEMENT OF CALIFORNIA

California, et al., CODE OF CIVIL PROCEDURE Defendants. § 1021.11 16 I. INTRODUCTION “It is cynical.” “It is an abomination.” “It is outrageous and objectionable.” “There is no dispute that it raises serious constitutional questions.” “It is an unprecedented attempt to thwart judicial review.” Such are the Intervenor-Defendant Governor’s expressed views regarding the fee-shifting provisions of a Texas law (S.B. 8) and, at least by implication, of California’s § 1021.11. It is “blatantly unconstitutional,” says Defendant Attorney General Rob Bonta. For the reasons that follow, as they may apply to S.B. 8, but apply clearly to § 1021.11, § 1021.11 is declared unconstitutional. Therefore, Defendants are permanently enjoined throughout the state from enforcing…