Tuesday, March 18, 2025

Talbott v. Ghadimi (Cal. Ct. App. - March 18, 2025)

Today's Court of Appeal opinion is doctrinally important in its own right, since it takes a position on an existing appellate split:

"We conclude Ghadimi was entitled to relief under the mandatory provision of section 473, subdivision (b). In doing so, we follow Solv-All v. Superior Court (2005) 131 Cal.App.4th 1003, 1008 (Solv-All), where the court held a defendant may be entitled to relief under the mandatory provision of section 473, subdivision (b), even where the attorney makes a bad strategic decision, rather than Jerry’s Shell v. Equilon Enterprises, LLC (2005) 134 Cal.App.4th 1058 (Jerry’s Shell), where the court held such relief may not be available in that situation."

But even if you don't care about the underlying doctrine, it's a neat opinion to read, if only because it (1) quotes liberally from many of the major cases regarding attorney civility, and (2) involves attorneys who, to put it generously, did not exemplify the height of these ideals.

It's easy to get angry at your opposing counsel. It's sometimes difficult to keep one's cool.

Try.