California | Legal Malpractice
Legal Question
In a California legal malpractice action, the trial court granted summary judgement on 10 counts. The appellate court provided a written opinion deciding 8 counts, not 10.[Cal. Const. Art. VI, section 14] The reviewing court never mentioned the remaining 2 causes of action from the summary judgment. The appellate court refused rehearing, and the CA Supreme denied petition for review.[3 months ago] The remittitur issued returning jurisdiction to the trial court. [5 months ago]
Can the original summary judgment or appeal be challenged under declaratory relief to determine it is interlocutory in nature [CCP 904.1(a)] and thus set aside the prior summary judgment allowing to move for jury trial under CCP 473 on constitutional or error of law grounds?
The 2 causes remaining have triable issues present based on the evidence and as a matter of law established in the appellate brief.
Thanks
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Read More Answered By: Robert F. Cohen |
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