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AI in Court

California Judge "Cited and Relied on a Fictitious Case" Submitted by Lawyer, Even Though …

opposing counsel had "directly and swiftly pointed the errors out to the trial court."

Eugene Volokh | 5.29.2026 10:26 AM

From H.C. v. Contreras, decided yesterday by California Court of Appeal Justice Mark Snauffer, joined by Justices Bert Levy and Donald Franson:

Bethany G. sought a protective order protecting H. C., her minor son, from H. C.'s father, Rudy C. Numerous witnesses testified at a hotly contested hearing after which the parties filed closing briefs. Rudy's brief, submitted by counsel, contained fictitious caselaw and misstated the law. Counsel for Bethany directly and swiftly pointed the errors out to the trial court.

The trial court declined to issue the requested order, but its ruling erroneously relied on a nonexistent case and a serious legal misstatement—the very same shortcomings Bethany had already noted. As explained below, we reverse for further proceedings….

After the evidence was presented, but before the trial court ruled, Rudy's counsel filed a closing brief. Most pertinent here, the brief contains the following portions:

"2) Insufficient Evidence of Harassment or Disturbing the Peace

"Under Family Code § 6320, abuse can include harassment or disturbing the peace of the other party. However, California courts have held that the behavior must be persistent, egregious, and intended to disturb the victim's peace. In Enrique M. v. Angelina V. (2005) 15 Cal.App.5th 788, the court emphasized that disturbing the peace should be........

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