California Supreme Court Watch

#22-245 Gerro v. Blockfi Lending, S275530. (B307156, B312647; nonpublished opinion; Los Angeles County Superior Court; 20STCV31493.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. This case presents the following issue: Did the Court of Appeal correctly hold that this action must remain in California despite the contractual forum selection clause?

Petition for review granted; issues limited: 9/14/2022

Opening brief on the merits filed: 11/14/2022

Notice of bankruptcy stay filed: 11/29/2022

Order filed: Cause suspended due to bankruptcy stay: 11/30/2022

Order filed: Review is dismissed only as between Scratch Services, LLC and Gerro: 5/17/2023

The joint request for partial dismissal of review filed by petitioner Scratch Services, LLC and respondent George Gerro on April 3, 2023, is granted. Review is dismissed only as between Scratch Services, LLC and Gerro. The Court of Appeal is instructed to dismiss the appeals in Court of Appeal case nos. B307156 and B312647 as against Scratch Services, LLC only, and to issue a partial remittitur as to Gerro’s claims against Scratch Services, LLC only. This court otherwise retains review in this matter, subject to the bankruptcy stay that remains in effect.

See the Court of Appeal Opinion.