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 […]
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 […]
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 […]
