Cases

Jan 10, 2007 Martin Stein, Carolyn Oill Civil Procedure
Aller v. Bd. of Regents of the University of Cal., 2007 Cal.App. Unpub. LEXIS 165

GMSR secured a victorious ending in a 14-year-old case against the UC Regents. The case had earlier been dismissed for failure to prosecute, which dismissal was reversed on a prior appeal. More than five years after the case returned to the trial court, the action was dismissed again, this time because plaintiffs, who were representing themselves, were not ready to proceed with trial. On appeal, plaintiffs argued that the trial court should have granted their pre-judgment motion to force the Regents to settle the case on terms which were directly contrary to the record. The court of appeal affirmed, holding that the trial court acted well within its discretion in finding that the Regents refused to settle without a waiver of confidentiality.