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Tag: Excusable Neglect

November 3, 2010

Ahanchian v. Xenon Pictures, Inc. 624 F.3d 1253 (9th Cir. 2010)

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Download Publication The Ninth Circuit holds a party who promptly seeks relief from an unusually abrupt filing deadline is entitled to relief for excusable neglect.  The Court was critical of opposing counsel who refused a reasonable request to stipulate to an extension. Ahanchian filed a complaint against Sam Maccarone and others for copyright infringement, breach […]

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August 9, 2010

Henderson v. P.G.&E (2010) 187 Cal.App.4th 215

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Download Publication The Fifth District holds that an attorney’s neglect in filing an opposition to a motion for summary judgment was not excusable and did not entitle the party to relief from dismissal.  Henderson filed a complaint against her former employer, PG & E, asserting causes of action for employment and breach of contract.  PG […]

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November 15, 2004

Pincay v. Andrews (2004) 389 F.3d 853

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Download Publication The Ninth Circuit decides that the trial court is in the best position to evaluate whether a calendaring error is excusable in the context of a case. Laffit Pincay, Jr. and Christopher McCarron (Pincay) obtained a judgment against Vincent S. Andrews, Robert L. Andrews, and Vincent Andrews Management Corp. (Andrews) on July 3, 2002.  Andrews’s notice of […]

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