Wednesday, April 3, 2013

3d DCA Watch -- I've Got Those Bunker Dweller Evidentiary Blues.



I think the bunker dwellers may have emerged briefly from the darkness for their annual "sun" day (hey, vitamin D is important!), as there was only one opinion of note on the civil side:

Gutierrez v. Rubio:

Judge for yourself whether this is or is not a conflict:
This matter arises out of the plaintiffs’ lawsuit against Rubio for breach of contract. In 2010, the plaintiffs engaged attorney Wolfe and his firm to file suit against Rubio in state court, alleging she breached a contract for an entertainment appearance in 2010. In September 2012, Rubio hired Felipe Restrepo (“Restrepo”) as her personal assistant. She fired him less than two months later, in October 2012. Restrepo then hired Wolfe to represent him in an unrelated claim against Rubio in federal court.
Court says where there are conflicting affidavits you have to conduct an evidentiary hearing to resolve the conflicts:
Here, no testimony was presented, only affidavits, and those affidavits disagree on such material issues as whether Restrepo had access to and did obtain any proprietary information, whether such information was passed on to Wolfe, and if so, whether that information gave Wolfe an unfair tactical advantage in the litigation between the plaintiffs and Rubio. As such, the trial court departed from the essential requirements of law by considering solely the conflicting affidavits and by not conducting an evidentiary hearing to resolve the conflicting factual issues.
That seems pretty fundamental, don't you think?

4 comments:

Anonymous said...

That judge is cute!

Anonymous said...

I have to say this blog has been en fuego the last two weeks or so!

Anonymous said...

Affidavits . . Affidavits . . Affidavits, get me the Affidavits and more Affidavits. The sounds of desperation filled the air. Upps, anger management, what do you mean anger management, Judge? No! There are affidavits and more affidavits! We will get more affidavits! We are all confused!

Anonymous said...

Do you mind if I quote a couple of your articles as long as I
provide credit and sources back to your website?
My blog site is in the very same area of interest as
yours and my users would certainly benefit from some of
the information you present here. Please let
me know if this okay with you. Thanks a lot!


Also visit my site: external hard drive recovery