Giannini v. Committee of Bar Examiners of State Bar of California, No. 87-6443
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before FARRIS and REINHARDT; PER CURIAM |
| Citation | 847 F.2d 1434 |
| Parties | Joseph R. GIANNINI, Plaintiff-Appellant, v. COMMITTEE OF BAR EXAMINERS OF the STATE BAR OF CALIFORNIA, et al., Defendants-Appellees. |
| Docket Number | No. 87-6443 |
| Decision Date | 20 June 1988 |
Page 1434
v.
COMMITTEE OF BAR EXAMINERS OF the STATE BAR OF CALIFORNIA,
et al., Defendants-Appellees.
Ninth Circuit.
Decided June 20, 1988.
Joseph R. Giannini, Santa Monica, Cal., in pro. per.
Diane Yu, Ellen Peck and Truitt A. Richey, Jr., San Francisco, Cal., for defendants-appellees.
Appeal from the United States District Court for the Central District of California.
The opinion filed April 5, 1988, and published at 843 F.2d 1196, is withdrawn.
Before FARRIS and REINHARDT, Circuit Judges, and CROCKER, * District Judge.
PER CURIAM:
Joseph Giannini appeals the dismissal of his amended complaint by the United States District Court for the Central District of California. Giannini filed suit when, after he failed the July, 1986 and February, 1987 California bar examinations,
Page 1435
the Committee of Bar Examiners for the State of California denied his petition for admission to practice law in that state. In his amended complaint, Giannini charged that the bar examination unconstitutionally discriminated against out-of-state attorneys. Among the constitutional provisions that the test implicated, according to Giannini, were the Privileges and Immunities Clause of Article IV; the Due Process and Equal Protection clauses of the Fourteenth Amendment; and the Commerce Clause. The district court dismissed Giannini's complaint for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). We review this dismissal de novo. Peter Starr Production Co. v. Twin Continental Films, Inc., 783 F.2d 1440, 1442 (9th Cir.1986); Clayton v. Republic Airlines, Inc., 716 F.2d 729, 730 (9th Cir.1983).Under California law, only the state supreme court, not the Committee of Bar Examiners, has the authority to grant or deny admission to the bar. Chaney v. State Bar of California, 386 F.2d 962, 966 (9th Cir.1967). The Committee operates as an administrative arm of the court but is not empowered to admit applicants. Id. Rather, the Committee administers the bar examination and certifies applicants meeting its requirements to the supreme court for admission. Cal.Bus. & Prof.Code Secs. 6060, 6064. All Committee actions are reviewable by the supreme court and nonbinding upon it. Siegel v. Committee of Bar Examiners, 10 Cal.3d 156, 110 Cal.Rptr. 15, 27, 514 P.2d 967, 979 (1973). An applicant seeking review of a...
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Nat'Lass'N v. Berch, No. CV–12–1724–PHX–BSB.
...v. Yu, 1994 WL 123871 (9th Cir. Apr. 11, 1994); Giannini v. Real, 911 F.2d 354 (9th Cir.1990); Giannini v. Comm. of Bar Exam'rs, 847 F.2d 1434 (9th Cir.1988)). [973 F.Supp.2d 1089] Plaintiff Kolman has been a licensed Maryland attorney since 1971. (Doc. 36 at 6; Kolman Decl. ¶ 1.) Kolman ha......
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Paciulan v. George, No. C 98-1201 SI.
...California in his own name against the State Bar of California's Committee of Bar Examiners. See Giannini v. Committee of Bar Examiners, 847 F.2d 1434 (9th Cir.1988). In that suit, Giannini alleged that the California Bar Examination unconstitutionally discriminated against out-of-state att......
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Certain Underwriters at Lloyd's v. Expeditors Int'l of Wash., Inc., Case No. 8:20-cv-00809-JWH-PJWx
...to rescind contract if, on remand, it found the shipper's failure to keep memory modules upright was a material breach); Coughlin , 847 F.2d at 1434 (air carrier) (reversing the district court's grant of summary judgment on limitation of liability where airline lost an urn containing ashes ......
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Larson v. U.S., No. Civ. 97-1210(RHK/RLE).
...to consider a claim that he has been denied any Federal constitutional rights. See, e.g., Giannini v. Committee of Bar Examiners, 847 F.2d 1434, 1435 (9th Cir.1988) ("An applicant seeking review of a decision by the Committee [of Bar Examiners] must file a petition for review by the Califor......
-
Nat'Lass'N v. Berch, No. CV–12–1724–PHX–BSB.
...v. Yu, 1994 WL 123871 (9th Cir. Apr. 11, 1994); Giannini v. Real, 911 F.2d 354 (9th Cir.1990); Giannini v. Comm. of Bar Exam'rs, 847 F.2d 1434 (9th Cir.1988)). [973 F.Supp.2d 1089] Plaintiff Kolman has been a licensed Maryland attorney since 1971. (Doc. 36 at 6; Kolman Decl. ¶ 1.) Kolman ha......
-
Paciulan v. George, No. C 98-1201 SI.
...California in his own name against the State Bar of California's Committee of Bar Examiners. See Giannini v. Committee of Bar Examiners, 847 F.2d 1434 (9th Cir.1988). In that suit, Giannini alleged that the California Bar Examination unconstitutionally discriminated against out-of-state att......
-
Certain Underwriters at Lloyd's v. Expeditors Int'l of Wash., Inc., Case No. 8:20-cv-00809-JWH-PJWx
...to rescind contract if, on remand, it found the shipper's failure to keep memory modules upright was a material breach); Coughlin , 847 F.2d at 1434 (air carrier) (reversing the district court's grant of summary judgment on limitation of liability where airline lost an urn containing ashes ......
-
Larson v. U.S., No. Civ. 97-1210(RHK/RLE).
...to consider a claim that he has been denied any Federal constitutional rights. See, e.g., Giannini v. Committee of Bar Examiners, 847 F.2d 1434, 1435 (9th Cir.1988) ("An applicant seeking review of a decision by the Committee [of Bar Examiners] must file a petition for review by the Califor......