Tuesday, August 11, 2009

Cal. Supremes to Review 2/5 Case

When is a stay a stay?

The California Supreme Court will review Bruns v. E-Commerce Exchange, in which a divided 2/5 panel held a discovery stay tolls the 5-year prosecution statute. Justice Mosk wrote the majority opinion, with which Justice Armstrong concurred.

Justice Turner wrote a dissenting opinion. The 4/3 recently embraced the dissent in an unpublished case.

The Recorder covers the story, noting that "appellate powerhouse Horvitz & Levy" and other prominent SoCal firms are involved in the case.