The California 4th District Court of Appeal reported the following activity in the suit brought by
Amir Dounel against
3211 East Mandeville, LLC,
David Duel,
Duel Family Limited Partnership,
Ebrahim Duel and
Helda Duel on April 6: 'Order Filed. The Parties Are Invited To Submit Supplemental Letter Briefs On Or Before April 12, 2021 Addressing The Following Issues:(1) Did The Trial Court Erred In Dismissing Only The Legal Claims For Failure To Bring The Case To Trial Within Five Years (code Civ. Proc., § 583.310), Where Both The Legal And Equitable Claims Were Asserted In The Original Complaint? (see Code Civ. Proc., § 583.360 ["an Action Shall Be Dismissed By The Court On Its Own Motion Or On Motion Of The Defendant, After Notice To The Parties, If The Action Is Not Brought To Trial Within The Time Prescribed In This Article"], Italics Added.)(2) Assuming The Trial Court Erred In Dismissing The Legal Claims, Is Plaintiff Entitled To A New Trial On The Equitable Claims? (see, E.g., Curties V. Hill Top Developers, Inc. (1993) 14 Cal.app.4th 1651, 1656-1657 ["where A Limited Retrial Might Be Prejudicial To Either Party, Failure To Grant A New Trial On All Related Issues Is An Abuse Of Discretion"]; Unilogic, Inc. V. Burroughs Corp. (1992) 10 Cal.app.4th 612, 622-623 [plaintiff Was Entitled To Jury Trial Where Defendant's Equitable Defense Was Intertwined With The Plaintiff's Legal Claims And Raised Questions Of Fact And Credibility Property Submitted To A Jury]; Raedeke V. Gibraltar Sav. & Loan Assn. (1974) 10 Cal.3d 665, 671 [plaintiffs Properly Preserved Right To Jury Trial By Abandoning Their Equitable Remedy Once Trial Court Announced Its Intention To Try The Equitable Issues First].)the Parties' Supplemental Letter Briefs Shall Not Exceed 1,200 Words.'.
Case number G058116 was filed in the California 4th District Court of Appeal on Aug. 5, 2019.
