Shayan v Shakib Final

Описание: Shayan v. Shakib — Brief Stricken + $7,500 Sanctions + State Bar Referral (Published Opinion Drop)

If you file a brief with fabricated quotations, it may not matter whether the problem came from AI or a human drafting workflow. In this published order from the Second District, Division One, the Court of Appeal struck the opening brief, imposed $7,500 in monetary sanctions, and ordered a State Bar referral—and notably, it imposed monetary sanctions on the court’s own motion.

I’m Ron Funk with California Family Law Appellate Group. This order comes from the Court of Appeal, but the lesson is universal: if your name is on it, you own it—every quote, every cite, every word.

Key Takeaway

SIGNATURE = RESPONSIBILITY
AI or human drafting—verify every quote + cite.

What Happened (quick summary)

Respondent moved to strike the opening brief after discovering numerous fabricated quotations—language falsely attributed to published decisions. Respondent called them “AI hallucinations.” Appellant did not dispute the fabricated quotes appeared, but characterized them as “clerical citation errors” and denied they were the result of AI tools.

Counsel explained that his draft used placeholder paraphrases that staff were supposed to replace with verbatim quotations and pinpoint citations (or delete if unverified), but a “small number” remained. The court also addressed a separate issue involving a transcript quotation from another matter.

Why the Court Cared

The court emphasized that, regardless of the cause, the signatory attorney is responsible for the content and may be sanctioned. The opinion also explains why these were more than minor clerical errors, identifying multiple categories of fabricated or misrepresented quotations and citations.

3 Practice Pointers

If it’s in quotation marks, match it to the source and include a pinpoint cite—every time.

Add a pre-filing quote/cite audit step—confirm the key quotes and propositions your argument depends on.

Delegation is normal—but when you sign it, you own it (AI, staff, associate, vendor—doesn’t matter).

Sanctions / Procedure (what the court ordered)

Opening brief stricken; $7,500 payable to the clerk within 30 days after remittitur is filed; a corrected opening brief due within 10 days (limited to correcting/omitting fabricated citations/quotes) plus a redline; and a State Bar referral. The court did not dismiss the appeal.

Contact (referrals / appellate-proofing consults)

[email protected]

Disclaimer: This video is for educational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. If you need legal advice regarding your specific situation, consult a qualified attorney.