37. Civil Procedure – Personal Jurisdiction and Choice of Law; Childhood Sexual Abuse Statute of Limitations; Appealing a Statement of Decision; Relief Under 473b and its Limitations

Civil Action with Brian & Shant

Halyard Health v. Kimberly Clark 2nd DCA

Brian and Shant discuss a declaratory relief action in a matter that arises out of Michael Avenatti’s Kimberly Clark Case. The issue is whether Delaware or California law dictates which defendant is responsible for a punitive damages award granted to the plaintiffs.

Safechuck v. MJJ Productions 2nd DCA

Brian and Shant discuss childhood sexual assault lability of a 3rd party non-perpetrator and whether a revival statute applies to two adults over the age of majority. AB 218 recently amended the statute of limitations under CCP 340.1, and claims can now be brought before the victim’s 40th birthday. Even if an action was previously dismissed, the issue of whether the amended statute applies is determined by the finality of the underlying dismissed action.

Warwick Ca. Corp v. Applied Underwriters 1st DCA

Brian and Shant discuss an appeal from a statement of decision issued by a trial court. A statement of decisions is not an automatically appealable order because it is not a judgment that has can be entered or enforced. It can be a precurser to a judgment but here no judgment was ever entered.

Shayan v. Spine Care & Orthopedic Physicians 2nd DCA

Brian and Shant discuss an interpleader action where a client had to compete with the other creditors for the remainder of the settlement. Ultimately, the opposition did not show up to the interpleader action and subsequent counsel sought to vacate under a 473(b) motion. Failing to appear for a trial does not warrant relief.