The Third District holds that an ex-husband who filed a written opposition to a child support arrearage request cannot later void the resulting $768K order by claiming defective notice based on unchecked Judicial Council form boxes.
The Third District Court of Appeal granted a writ of mandate ordering dismissal of a misdemeanor DUI case after the trial court’s policy of not empaneling juries on Mondays prevented the defendant from being brought to trial on the last statutory day under Penal Code section 1382.
Third District holds that an attorney with a competing lien can bring a single declaratory relief action against both the client and the prior attorney to resolve the validity, amount, and priority of all attorney liens on settlement proceeds.
Third District dismisses plaintiffs’ third appeal in an assisted-living negligence case, holding a postjudgment costs order entered after a voluntary dismissal without prejudice does not provide a back-door route to appellate review of an underlying summary-adjudication ruling.
Third District affirms mandatory dismissal under Code of Civil Procedure section 583.310, holding that a defendant’s failure to object when a trial date is set beyond the five-year (plus emergency-rule six-month) deadline does not amount to an oral stipulation to extend the deadline.