...PreTrial Adjudication
4 Cards On This Topic:
  • Under CCP §581(e) court erred in not allowing plaintiff to voluntarily dismiss his case after parties rested at trial, but before closing arguments; CC §1717 prevailing party fees awarded to defendant in error.
  • Trial ct. did not abuse discretion in denying defendant's late filed sentencing recall petition under the Three Strikes Reform Act where delay in filing was lengthy and unexplained.
  • Vexatious litigant cannot circumvent the vexatious litigant statutes by having another file a complaint on his behalf, but dismissal of non-vexatious litigant's separate and personal claims was improper.
  • No error in granting CCP §473(b) relief where P's attorney mistakenly failed to pay change of venue fee; P not required to bring CCP §1008 motion for reconsideration.