Wednesday, July 23, 2014

See, the System Works ...

Every once in a while, it’s nice to see confirmation that you’re right. As I noted in my write up of the Ottovich case, the opinion seemed to be inconsistent with the very recently decided Paramount Petroleum case. Paramount Petroleum holds that under Code of Civil Procedure § 437c(f), a plaintiff can’t get summary adjudication on liability when the amount of damages is still in dispute. In Ottovich, the trial court did just that. Mr. Ottovich moved for rehearing on exactly that ground, citing Paramount Petroleum, which the court addresses here. Unfortunately, he didn’t raise the point in his trial court or appellate briefing, so the point was forfeited on appeal.

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