Mar 19, 2007
Court of Appeal affirms judgment under law of the case” doctrine”

Frankston v. Glenn (2007) 2007 Cal.App. Unpub. LEXIS 2200 (Second District [Los Angeles], Division 4.) [unpublished]. In a previous appeal, Irving Greines and Marc Poster obtained the reversal of a multi-million-dollar judgment and and order directing entry of judgment for the defendants. Frankston v. Glenn (2003) 2003 Cal. App. Unpub. LEXIS 8951 (Second District [Los Angeles], Division 7). After the trial court followed the Court of Appeal’s direction and entered judgment in defendants’ favor, the plaintiff moved for a new trial on grounds that he had newly-discovered evidence and that the Court of Appeal’s decision was wrong and denied him due process of law. The trial court denied plaintiff’s motion. Plaintiff appealed. Irving and Marc again successfully represented the defendants, arguing that the judgment and order denying the plaintiff’s new trial motion should be affirmed because plaintiff’s contentions were barred by the doctrine of law of the case” and because plaintiff’s so-called newly-discovered evidence was in fact not new. “