Wednesday, April 13, 2011
3d DCA Watch -- Why I Love State Court.
Do you remember when the bunker was just a mere glimmer of cementitious materials in some young lawyer/visionary's eye?
Well even if you can't remember way back when judicial toilets were not bolted for your personal protection, please join the Resplendent Ones on May 13th as they tell old war stories and reminisce about what things were like back in the day (let me guess -- more white males?).
Golden Gate v. Levy:
I don't like to see lawyers getting sued, but this case is a near-perfect example of everything that can go wrong in state court.
You have a motion to dismiss a party granted based on the submission of record evidence (see footnote 7).
This point was affirmed on appeal btw!
You have a client allegedly showing up at a depo with a suitcase full of never-produced documents.
You have a claimed failure to respond to discovery requests or to produce witness or exhibit lists.
You have a lawyer filing a "conditional notice of appearance."
You have a motion to reinstate the complaint, which was granted, then hearings on reconsideration of the order reinstating the complaint.
Then you have a legal malpractice suit.
Best part is the case now continues against what is essentially a dead entity.
God rest ye merry gentlemen (see, I'm getting ready for the old-timers luncheon!).