Wednesday, June 28, 2006

Quiroz v. Seventh Avenue Center (Cal. Ct. App. - June 27, 2006)

No kidding.

Justice Duffy says the following in the second sentence of this opinion: "While the underlying facts alleged in the lawsuit are heartrending in their human dimension, from a legal standpoint, the case is a procedural train wreck." If anything, that's an understatement. It takes Justice Duffy twenty pages to describe the procedural miasma that transpired in the trial court: a neverending process of mistake, confusion, and error on the part of the plaintiff -- and, sometimes, the trial court -- that ultimately resulted in the dismissal of a lawsuit under the Elder Abuse Act arising out of the death of Gilbert Quiroz. Which, as a result of these procedural errors, Justice Duffy (properly) affirms.

It's important not to mess up the procedural stuff. Really important. Really, really freaking important. If you don't know what you're doing, find someone who does. 'Cause it matters. A lot.

Lesson for the day.