Case Citator › Romero v. City of Pomona

Romero v. City of Pomona

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
883 F.2d 1418
Decided
Confirmed treatments
1
Flagged citations read
29 of 29
Citing cases (total)
29
Treatment dates
1991
Overruled in part
A reviewed court has overruled part of this case’s holding. Romero v. City of Pomona was overruled in part on Rule 11 sanctions. The Ninth Circuit sitting en banc in Townsend v. Holman Consulting Corp. rejected the rule Romero had followed that a pleading containing some sound claims could not be sanctioned for frivolous claims.
More on how this was screened

Romero's Voting Rights Act analysis and its costs ruling were unaffected and have continued to be cited. The confirmed treatment is listed below. All 29 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

29 later cases cite Romero v. City of Pomona; 29 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Romero v. City of Pomona?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Ninth Circuit en banc displaced Romero's Rule 11 rule that a pleading could be sanctioned only if frivolous as a whole.

    Townsend v. Holman Consulting Corp. · Ninth Circuit (en banc, amended on denial of rehearing) · filed

    Rule 11 permits sanctions only when the pleading as a whole is frivolous or of a harassing nature, not when one of the allegations or arguments in the pleading may be so characterized. ... Bound by Murphy, we followed this interpretation of Golden Eagle in Community Electric Serv. of Los Angeles, Inc. v. National Electrical Contractors Ass'n, Inc., 869 F.2d 1235, 1242-43 (9th Cir.1989), cert. denied, --- U.S. ----, 110 S.Ct. 236, 107 L.Ed.2d 187 (1990), and in Romero v. City of Pomona, 883 F.2d 1418, 1429 (9th Cir.1989). Under the logic of Murphy and Community Electrical, the panel majority's decision in this case was understandable. As an en banc court, we use this opportunity to overrule Murphy. ... The relation of the allegedly frivolous claim to the pleading as a whole is thus a relevant factor, but the mere existence of one non-frivolous claim is not dispositive, as it was in Murphy.
    Read the full opinion on CourtListener →

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