Sanction teardown · CA California, USA · 2025-07-31
J.D. v. Kern County DHS
What happened
In CA California, USA, a filing relied on an unnamed/unconfirmed AI tool to help draft legal argument. The court identified the following problems with the citations in that filing:
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Misrepresented (Legal Norm)According to father, “Welfare and Institutions Code § 350(b) states, ‘Except where otherwise provided by this code, the procedures for the trials or hearings shall be in accordance with that prescribed by law for civil cases.’ ” Section 350, subdivision (b) does not so provide, and we have been unable to verify the legal source for this quotation
Which AI tool
an unnamed/unconfirmed AI tool. Note: Charlotin's public database records tool attribution only where a court order, brief, or reporting on the matter states it explicitly; "unidentified" or "implied" means the record indicates AI use but does not name a specific product — we do not guess.
Outcome
Warning
Additional detail
" According to father, “Welfare and Institutions Code § 350(b) states, ‘Except where otherwise provided by this code, the procedures for the trials or hearings shall be in accordance with that prescribed by law for civil cases.’ ” Section 350, subdivision (b) does not so provide, and we have been unable to verify the legal source for this quotation.3 With respect to Code of Civil Procedure, section 1013, subdivision (a), the statute addresses service by mail, facsimile and electronic service, etc., and provides, in relevant part, for an additional 10 calendar days “if either the place of mailing or the place of address is outside the State of California but within the United States.” "Footnote 3 then reads:" Counsel is reminded that conduct of California attorneys is governed by the State Bar Rules of Professional Conduct. In particular, rule 3.3(a)(1) places a duty on counsel not to “knowingly make a false statement of fact or law to a tribunal...,” as does Business and Professions Code section 6068, subdivision (d). This duty is violated when counsel knowingly presents statutory authority to the court that does not exist. A person's “knowledge” under this rule may be inferred from the circumstances. (Rules Prof. Conduct, rule 1.0.1(f).) Moreover, the inclusion of nonexistent legal authority may also be considered a “matter [that is] not reasonably material to the appeal's determination.” (Cal. Rules of Court, rule 8.276(a)(2).) Failure to adhere to these standards of practice and rules may result in sanctions which themselves may be mandatorily reportable to the California State Bar. (Bus. & Prof. Code, § 6068, subd. (o)(3).) "
How Citation Safe would have caught this
Citation Safe runs three deterministic layers before a brief is filed: (1) does the citation exist against CourtListener's database of published opinions, (2) if quoted, does that exact language appear in the source, (3) does the cited case actually support the proposition it is cited for. Fabricated case citations fail Layer 1. Fabricated or misattributed quotations fail Layer 2 even when the underlying case is real. Misrepresented holdings — a real case cited for a proposition it does not support — are the target of Layer 3. None of these checks involve asking another language model whether the citation looks right; they are lookups and text-matches against the actual source, which is why a hallucinated citation has to survive a direct lookup against the authoritative source — not another model's opinion — to earn a VERIFIED stamp; our measured false-verify rate is published live at /quality.
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Source: Damien Charlotin's public AI Hallucination Cases Database (CC0).