Wins

The owner of a car dealership sued his former business partner, seeking to collect on a promissory note.  The former business partner sought to abate the action under Code of Civil Procedure section 430.10(c), arguing that it involved the same claims and parties as in an existing lawsuit the former business partner had filed asserting various claims regarding the dealership.  The trial court abated the action.

On appeal, GMSR argued that abatement requires that the parties and claims be identical and that the parties must be in the same relative position in both actions—that is, the former business partner would have to be a defendant in both actions, not just the second action commenced by GMSR’s client.  The Court held that the same-position requirement applied and reversed on that basis, allowing the promissory note action to proceed.

Click here to read the Court of Appeal opinion:  Dechant v. Woodcock (Mar. 26, 2025, D085389) 2025 WL 914119 [Fourth District, Division One].