Monday, March 12, 2007

Levitz v. The Warlocks (Cal. Ct. App. - March 12, 2007)

Yes. Totally right.

This is a great, brief, cogent, and entirely persuasive opinion. With no filler. Right to the point.

Justice Rubin needs only six (double-spaced) pages to explain why a court can't dismiss a lawsuit in response to an OSC when the parties say "Yes, we previously asked for an OSC re: dismissal when we thought we had a settlement, but it turns out we didn't (we couldn't hammer out the details), so please give us a trial date." The trial court can't simply say in response -- as Judge Treu did here -- "Too bad. You should have given me more details on why the tentative deal cratered. Lawsuit dismissed."

Nope. Reversed.

P.S. - Judge Treu doesn't come off sounding so great here.

P.P.S. - For those into the L.A. music scene, this appeal involves the lawsuit by former guitarist Jeff Levitz against The Warlocks as a result of his being kicked out of the band back in 2002. Here's an interview with the band back in the heady days when Jeff was still with 'em and the group invariably wore black. Opening line: "Q. Are you involved in the occult? A. Who isn't? If you are involved in rock and roll." Downhill from there.