Wednesday, July 15, 2015

Another disentitlement dismissal

Image result for the dude abides
The State Bar Litigation Section journal, California Litigation, recently published The Disentitlement Doctrine: A Trap for Unwary Judgment Debtors in Civil Appeals, by Scott Reddie. (28:1 Cal. Litig. pp. 16-18 (2015).) As the article was going to print, a new case on the topic, Blumberg v. Minthorne, was published requiring the editor to insert it. And the excitement continues: While this blawg was on vacation another case (from 2/8), Ironridge, was published, here. Division 8 was apparently perturbed with party's failure to abide by a prohibitory injunction that was not stayed pending appeal.
Once again, "you've been warned!" Tell your friends; advise your clients; don't be the next one to get dumped...

See here for today's appellate sanctions lesson -- over $50K awarded by 2/5:
The weight of the evidence indicates the present appeal has been taken for improper purposes—to delay payment and annoy and harass plaintiff and her counsel. 

See Adobe GC Preaches Gospel of Good Writing.