San Diego Partner, Robert Carlson, Wins on Appeal before the 4th Appellate District
San Diego Partner Robert (Bob) Carlson receives favorable decision from Court of Appeal, 4th District, with the Court affirming the trial court’s grant of non-suit for Defendant and quash of trial subpoenas of company apex representatives.
Plaintiff, a tenant in an apartment building, sued Defendant alleging conversion of funds levied from his bank accounts after judgment was entered in an unlawful detainer action –the judgment for the levied funds later vacated because of procedural defects. In his conversion action, Plaintiff failed to name as a defendant the party that had levied the funds from his account. After Plaintiff presented his case at the 13-day jury trial, we successfully moved for nonsuit on behalf of our client, with the Court agreeing that the Plaintiff had failed to present any evidence linking our client investment company to the levied funds.
The primary issue on appeal was whether the trial court, in granting the non-suit motion, had failed to allow Plaintiff the opportunity of taking his case to the jury to argue that the named Defendant was somehow responsible. On review, the Court of Appeal found no evidence to support the Plaintiff’s claims that our client was responsible for the alleged harm. In underscoring its decision, the Court cited to evidence that Plaintiff was actually informed of the erroneous naming of Defendant with an offer to assist in substituting the correct entity – an offer which the Plaintiff refused.
The appellate court found no error in the trial court’s decision to grant the nonsuit. Undisputed evidence at trial revealed that our client was an investment entity that did not manage apartment buildings and had no involvement in the ownership or management of the apartment building where Plaintiff resided. The appellate court further affirmed the trial court’s decision to quash notices for our client to produce certain high level corporate executives at trial on the grounds that the Plaintiff had conducted no discovery to substantiate that the executives had any relevant knowledge of the matter before issuing the trial subpoenas, and further had shown no resulting prejudice.
Congratulations to Partners Bob Carlson and Julia Bergstrom along with Paralegal, Viktor Iarushin, Associate, Rose Mennig and Law Clerk, Sarah Yee. Well done!