FIRM WINS APPEAL BEFORE THE SECOND APPELLATE DISTRICT

Grace, an appellate department, led by Partner David Schultz, successfully argued an appeal before the California Court of Appeal, Second Appellate District, obtaining an affirmance of a trial court's order dismissing the plaintiffs' action and denying their motion for relief under Code of Civil Procedure Section 473.  The firm represented General Motors Corporation and Honeywell International Inc. in the case, Dozier v. Bridgestone/Firestone North America, Appellate Case No. B162313, reported at 2004 Cal. App. Unpub. Lexis 187.

The case involved a wrongful death action, in which the decedent was allegedly diagnosed with lung cancer in April of 1999 and died on May 17, 1999 as a result of alleged exposure to the defendants' and other entities' asbestos-containing products.  The firm filed a motion for judgment on the pleadings on the ground the plaintiffs' action was barred under the one year statute of limitations in Code of Civil Procedure section 340.2.  After the trial court granted the firm's motion, the plaintiffs then sought relief under the discretionary provisions of Code of Civil Procedure section 473 and requested an opportunity to file a proposed amended complaint that plead facts under the delayed discovery rule in order to avoid the bar of the statute of limitations.  The trial court denied the plaintiffs' motion for relief and the Court of Appeal affirmed the trial court's order. 

The Court of Appeal's decision agreed with the arguments presented in the firm's Respondents' Brief, holding that the plaintiffs failed to present a legally satisfactory excuse to warrant relief and the plaintiffs also failed to act with reasonable diligence in filing the motion for relief.  The Court of Appeal even held that the trial "court would have abused its discretion if it had granted relief from the judgment, because there was no excusable error justifying relief under the discretionary provisions of Code of Civil Procedure section 473."

At the trial court level, David Schultz handled the underlying motions that resulted in the dismissal of the plaintiffs' action.  At the appellate level, partner David Schultz successfully handled the briefing and argument before the Second Appellate District.

To view the Court of Appeal's opinion, click here.  To obtain a copy of the Respondents' Brief that was filed on behalf of General Motors Corporation and Honeywell International Inc., please contact Eugene Genson or David Schultz at (213) 533-5400.