Recent Wins

Feb 10, 2010 Martin Stein, Carolyn Oill Civil Procedure
Court of Appeal affirms order denying reconsideration of summary judgment where plaintiff failed to file opposition to original motion

Arellano v. The Regents of the University of California (2010) 2010 Cal.App. Unpub. LEXIS 986 (California Court of Appeal, Fourth Appellate District, Division Three) [unpublished]. Plaintiff was represented by two law firms, neither of which prepared or filed opposition to the defendant’s motion for summary judgment based on the standard of care. One firm unilaterally withdrew from representing plaintiff a few days before the hearing and the other firm asked for a 120-day continuance to review the file and prepare opposition on the merits. No explanation was given by either firm for the complete failure of either of them to prepare opposition to that point. The Court of Appeal affirmed the judgment, noting “this case involves the abject and insufficiently explained failure to oppose a motion for summary judgment, compounded by an untimely, unexplained request for a continuance of the hearing on the motion.”