Justice Perren References The Pierian Spring In His Authoring Of The Opinion.
Here is how the opinion in Ben-Yashar’el v. Kirschbaum, Case No. B315184 (2d Dist., Div. 6 July 15, 2022) (unpublished) starts out:
"A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring:
There shallow draughts intoxicate the brain,
And drinking largely sobers us again.”
--Alexander Pope, An Essay on Criticism, 1711.
This quote segues nicely into both a lower and appellate court’s conclusion that dismissal of a quiet title action and award of $7,725 in CCP § 128.7 sanctions against an in pro per plaintiff was proper, where plaintiff tried to claim that a cashed check in the amount of $800 to a trustee on a Thousand Oaks property worth $30 million, stemming from a goofy ad, somehow created a binding real estate purchase agreement. Trustee tried to dissuade plaintiff from pursuing the action, even sending out the section 128.7 “safe harbor” warning notice to no avail. Both the demurrer grant without leave dismissal and sanctions order were affirmed in a 3-0 decision authored by Justice Perren based on the frivolous nature of the pleading.
BLOG EXPLANATION: In Greek mythology, the Pierian Spring in Macedonia was sacred to the Muses (the inspirational goddesses of literature, science, and the arts) and the Pierides (the nine sisters defying the Muses into a song contest which the sisters lost, with the defeat meaning they were turned into birds). The spring was believed to be a fountain of knowledge for whoever drank from it. Justice Perren’s writing style in this one shows that his other colleagues on the panel, Justices Gilbert and Yegan, are inspiring him.
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