Case: Hollingsworth v. O'Connell

S211990 | California state trial court

Filed Date: June 26, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 26, 2013, the Supreme Court issued its opinion in Hollingsworth v. Perry. The Court held, in a 5-4 decision, that no one had standing to appeal, and therefore the District Court's decision to strike down Proposition 8 remained settled law, and gay marriage was legal in California.On July 12, 2013, the California citizens who originally filed the petition that eventually became Proposition 8, filed suit in the California Supreme Court against the individual county clerks of each county i…

On June 26, 2013, the Supreme Court issued its opinion in Hollingsworth v. Perry. The Court held, in a 5-4 decision, that no one had standing to appeal, and therefore the District Court's decision to strike down Proposition 8 remained settled law, and gay marriage was legal in California.

On July 12, 2013, the California citizens who originally filed the petition that eventually became Proposition 8, filed suit in the California Supreme Court against the individual county clerks of each county in California. The plaintiffs, represented by private counsel, sought an end to gay marriage in the state, arguing that the Supreme Court's ruling only applied to the specific couples named in the suit. On July 15, in a very brief opinion, the California Supreme Court denied the motion for a preliminary injunction that would have halted same-sex marriages in California.

On August 13, 2014, the petition for a writ of prohibition was denied. The Court (Chief Justice Cantil-Sakauye) gave no legal reasoning.

Summary Authors

Jonathan Forman (7/31/2013)

Katherine Reineck (2/14/2016)

Related Cases

Perry v. Schwarzenegger, Northern District of California (2009)

People


Attorney for Plaintiff

Babione, Byron J. (Arizona)

Attorney for Defendant

Alpert, Bruce Sheldon (California)

Anderson, Sharon Louise (California)

Barratt-Green, Alison Alberta (California)

Basle, Jean-Rene (California)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

S211990

Docket

California state supreme court

Aug. 1, 2013

Aug. 1, 2013

Docket
1

S211990

Petition for Writ of Mandate and Request for Immediate Stay or Injunctive Relief; Memorandum of Points and Authorities

California state supreme court

July 12, 2013

July 12, 2013

Pleading / Motion / Brief

S211990

Opposition to Petition for Writ of Mandate

California state supreme court

July 22, 2013

July 22, 2013

Pleading / Motion / Brief

Docket

Last updated Jan. 26, 2024, 1:44 p.m.

ECF Number Description Date Link Date / Link

Petition for writ of mandate/prohibition with request for stay filed. Petitioner: Dennis Hollingsworth. Attorney: Andrew P. Pugno. Petitioner: Gail J. Knight. Attorney: Andrew P. Pugno. Petitioner: Martin F. Gutierrez. Attorney: Andrew P. Pugno. Petitioner: Mark A. Jansson. Attorney: Andrew P. Pugno. Petitioner: Protectmarriage.com - Yes on 8, A Project of California. Attorney: Andrew P. Pugno.

July 12, 2013

July 12, 2013

Application to appear as counsel pro hac vice (pre-grant). by Kenneth J. Connelly.

July 12, 2013

July 12, 2013

Application to appear as counsel pro hac vice (pre-grant). by Byron J. Babione.

July 12, 2013

July 12, 2013

Application to appear as counsel pro hac vice (pre-grant). by J. Caleb Dalton.

July 12, 2013

July 12, 2013

Application to appear as counsel pro hac vice (pre-grant). by James A. Campbell.

July 12, 2013

July 12, 2013

Application to appear as counsel pro hac vice (pre-grant). by David Austin Robert Nimocks.

July 12, 2013

July 12, 2013

Application to appear as counsel pro hac vice (pre-grant). by Kellie M. Fiedorek.

July 12, 2013

July 12, 2013

Exhibit(s) lodged. by petitioners, "Appendix to Petition For Writ of Mandate and Request for Immediate Stay or Injunctive Relief". (one volume).

July 12, 2013

July 12, 2013

Preliminary opposition to writ petition requested. In the above-captioned matter, real parties in interest Edmund G. Brown, Jr., et al., are requested to file informal opposition concerning the application for a stay. The opposition is to be served on counsel for petitioners and filed in this court by 8:00 P.M. today, Friday, July 12. Petitioners will then have until 9:00 A.M. on Monday, July 15, 2013, in which to serve and file a reply to that preliminary opposition. These two expedited filings may be submitted by email/pdf (at clerk@jud.ca.gov,) with hard copies to follow by mail. In addition, preliminary opposition concerning the remainder of the petition is to be served on counsel for petitioners and filed in this court on or before Monday, July 22, 2013. (Cal. Rules of Court, rule 8.487, subd. (a)(1).) Petitioners will then have until Thursday, August 1, 2013, in which to serve and file a reply to the preliminary opposition. (Cal. Rules of Court, rule 8.487, subd. (a)(3).).

July 12, 2013

July 12, 2013

Informal response filed. Real Party in Interest: Edmund G. Brown, Jr. Real Party in Interest: Kamala D. Harris. Real Party in Interest: Ron Chapman. Real Party in Interest: Tony Agurto. Attorney: Tamar Pachter. To request for immediate stay or injunctive relief. Original and copies to follow by mail.

July 12, 2013

July 12, 2013

Retained for consideration (mandate/prohibition)

July 12, 2013

July 12, 2013

Retained for consideration (mandate/prohibition)

July 12, 2013

July 12, 2013

Reply to informal response filed. Petitioner: Dennis Hollingsworth. Petitioner: Gail J. Knight. Petitioner: Martin F. Gutierrez. Petitioner: Mark A. Jansson. Petitioner: Protectmarriage.com - Yes on 8, A Project of California. Attorney: Andrew P. Pugno. Reply to Informal Opposition for Immediate Stay or Injunctive Relief.

July 15, 2013

July 15, 2013

Application for stay denied. The applications to appear as counsel pro hac vice are granted. The request for an immediate stay or injunctive relief is denied.

July 15, 2013

July 15, 2013

Received: from Andrew Pugno, counsel for petitioners, amended proof of service to reply to informal opposition.

July 18, 2013

July 18, 2013

Preliminary opposition to writ petition filed. Respondent: Kimberly L. Grady. Attorney: Charles J. Mckee. Respondent: Madaline Krska. Attorney: Charles J. Mckee. Respondent: Joseph E. Canciamilla. Attorney: Charles J. Mckee. Respondent: William E. Schultz. Attorney: Charles J. Mckee. Respondent: Carolyn Crnich. Attorney: Charles J. Mckee. Respondent: Kammi Foote. Attorney: Charles J. Mckee. Respondent: Cathy Saderlund. Attorney: Charles J. Mckee. Respondent: Kenneth W. Blakemore. Attorney: Charles J. Mckee. Respondent: Susan M. Ranochak. Attorney: Charles J. Mckee. Respondent: Lynda Roberts. Attorney: Charles J. Mckee. Respondent: Stephen L. Vagnini. Attorney: Charles J. Mckee. Respondent: Gail Pellerin. Attorney: Charles J. Mckee. Respondent: John Tuteur. Attorney: Charles J. Mckee. Respondent: Gregory J. Diaz. Attorney: Charles J. Mckee. Respondent: Cathy Darling Allen. Attorney: Charles J. Mckee. Respondent: Heather Foster. Attorney: Charles J. Mckee. Respondent: William F. Rousseau. Attorney: Charles J. Mckee. Respondent: Bev Ross. Attorney: Charles J. Mckee. Respondent: Joe Paul Gonzalez. Attorney: Charles J. Mckee. Respondent: Roland P. Hill. Attorney: Charles J. Mckee.

July 22, 2013

July 22, 2013

Request for judicial notice filed. Respondent: Kimberly L. Grady. Attorney: Charles J. Mckee. Respondent: Madaline Krska. Attorney: Charles J. Mckee. Respondent: Joseph E. Canciamilla. Attorney: Charles J. Mckee. Respondent: William E. Schultz. Attorney: Charles J. Mckee. Respondent: Carolyn Crnich. Attorney: Charles J. Mckee. Respondent: Kammi Foote. Attorney: Charles J. Mckee. Respondent: Cathy Saderlund. Attorney: Charles J. Mckee. Respondent: Kenneth W. Blakemore. Attorney: Charles J. Mckee. Respondent: Susan M. Ranochak. Attorney: Charles J. Mckee. Respondent: Lynda Roberts. Attorney: Charles J. Mckee. Respondent: Stephen L. Vagnini. Attorney: Charles J. Mckee. Respondent: Gail Pellerin. Attorney: Charles J. Mckee. Respondent: John Tuteur. Attorney: Charles J. Mckee. Respondent: Gregory J. Diaz. Attorney: Charles J. Mckee. Respondent: Cathy Darling Allen. Attorney: Charles J. Mckee. Respondent: Heather Foster. Attorney: Charles J. Mckee. Respondent: William F. Rousseau. Attorney: Charles J. Mckee. Respondent: Bev Ross. Attorney: Charles J. Mckee. Respondent: Joe Paul Gonzalez. Attorney: Charles J. Mckee. Respondent: Roland P. Hill. Attorney: Charles J. Mckee.

July 22, 2013

July 22, 2013

Filed: "Preliminary Response of Ernest J. Dronenburg, Jr., to Petition for Writ of Mandate". by Charles S. LiMandri, counsel for Ernest J. Dronenburg, Jr.

July 22, 2013

July 22, 2013

Preliminary opposition to writ petition filed. Real Party in Interest: Edmund G. Brown, Jr. Attorney: Tamar Pachter. Real Party in Interest: Kamala D. Harris. Attorney: Tamar Pachter. Real Party in Interest: Ron Chapman. Attorney: Tamar Pachter. Real Party in Interest: Tony Agurto. Attorney: Tamar Pachter.

July 22, 2013

July 22, 2013

Preliminary opposition to writ petition filed. Respondent: Karen Hong Yee. Attorney: Mollie Mindes Lee. Respondent: Regina Alcomendras. Attorney: Mollie Mindes Lee. Respondent: Gail Pellerin. Attorney: Mollie Mindes Lee. Respondent: William F. Rousseau. Attorney: Mollie Mindes Lee.

July 22, 2013

July 22, 2013

Request for judicial notice filed. Respondent: Karen Hong Yee. Attorney: Mollie Mindes Lee. Respondent: Regina Alcomendras. Attorney: Mollie Mindes Lee. Respondent: Gail Pellerin. Attorney: Mollie Mindes Lee. Respondent: William F. Rousseau. Attorney: Mollie Mindes Lee.

July 22, 2013

July 22, 2013

Preliminary opposition to writ petition filed. Respondent: Patrick O'Connell. Attorney: John T. Seyman.

July 22, 2013

July 22, 2013

Filed: "Notice of Joinder by Respondent Dean C. Logan, Registrar-Recorder/County Clerk of Los Angeles County, in the Preliminary Opposition of Respondent Patrick O'Connell of the Writ of Mandate". by Judy Whitehurst, counsel for Dean C. Logan, Registrar Recorder/County Clerk and County of Los Angeles.

July 22, 2013

July 22, 2013

Received: Document entitled: "Notice of Errata and Substitution Pages", from Charles J. Mckee, counsel for respondents, Kimberly L. Grady, Madaline Krska, Joseph E. Canciamilla, William E. Schultz, Carolyn Crnich, Kammi Foote, Cathy Saderlund, Kenneth W. Blakemore, Susan M. Ranochak, Lynda Roberts, Stephen L. Vagnini, Gail Pellerin, John Tuteur, Gregory J. Diaz, Cathy Darling Allen, Heather Foster, William F. Rousseau, Bev Ross, Joe Paul Gonzalez, and Roland P. Hill.

July 30, 2013

July 30, 2013

Received: Document entitled: "Amended Proof of Service Re: Preliminary Opposition of Respondent Patrick O'Connell to Writ of Mandate, from John T. Seyman, counsel for Patrick O'Connell.

July 30, 2013

July 30, 2013

Reply to preliminary opposition filed. Petitioner: Dennis Hollingsworth. Attorney: David Austin Nimocks. Petitioner: Gail J. Knight. Attorney: David Austin Nimocks. Petitioner: Martin F. Gutierrez. Attorney: David Austin Nimocks. Petitioner: Mark A. Jansson. Attorney: David Austin Nimocks. Petitioner: Protectmarriage.com - Yes on 8, A Project of California. Attorney: David Austin Nimocks.

Aug. 1, 2013

Aug. 1, 2013

Request for judicial notice filed. Petitioner: Dennis Hollingsworth. Attorney: James A. Campbell. Petitioner: Gail J. Knight. Attorney: James A. Campbell. Petitioner: Martin F. Gutierrez. Attorney: James A. Campbell. Petitioner: Mark A. Jansson. Attorney: James A. Campbell. Petitioner: Protectmarriage.com - Yes on 8, A Project of California. Attorney: James A. Campbell.

Aug. 1, 2013

Aug. 1, 2013

Petition for writ of mandate/prohibition denied. The motions for judicial notice, entitled "Motion For Judicial Notice In Support Of Preliminary Opposition To Petition For Writ Of Mandate Of Twenty Respondent Clerk-Recorders" (filed July 22, 2013) and "Motion for Judicial Notice In Support of Reply To Preliminary Oppositions to Petition For Writ of Mandate" (filed August 1, 2013,) both are granted. The petition for a writ of mandate is denied.

Aug. 14, 2013

Aug. 14, 2013

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: June 26, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Original proposers of Proposition 8

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California County Clerks, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Marriage

Discrimination Basis:

Sexual orientation

LGBTQ+:

LGBTQ+