News Details

Anthony J. Ellrod and Steven J. Renick Covered in Metropolitan News Enterprise

Firm founding partner Anthony J. Ellrod and well known appellate law specialist and partner Steven J. Renick were favorably mentioned in the Monday, August 15 issue of the Metropolitan News Enterprise, a 115 year old daily Los Angeles newspaper that features articles on law and the courts, government, politics, business, and more. The article,  titled "Court Says Judge’s Vacation No Excuse for Not Hearing New Trial Motion by Deadline," covers the writ of mandate issued August 12 by Justice Rubin of the California Court of Appeal, Second Appellate District, Division Eight.

The firm's client had served a timely notice of intention to move for a new trial and a notice of motion for JNOV, but was stymied by the fact that, despite multiple inquiries, counsel was not informed that the judge assigned to hear the motion would be on vacation and unable to hear the motion during the required timeframe, until a day before his departure.

Justice Rubin, in an unpublished opinion, cited Code of Civil Procedure §661, which stated that if the trial judge is absent, another judge from the same court can hear the motion for a new trial. The justice, according to the article, rejected the argument that Bally cannot obtain relief because §661 says that if a jurist other than the trial judge hears a motion for new trial, the motion “shall be argued orally or shall be submitted without oral argument, as the judge may direct, not later than ten (10) days before the expiration of the time within which the court has power to pass on the same.” Justice Rubin cited a 1930 Supreme Court decision which says that the 10 day rule is not jurisdictional. Justice Rubin did not believe that fault for the scheduling problem could be assigned to the firm's client.