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Civil Procedure Keyed to Crump
Karubian v. Security Pacific National Bank
Facts
Plaintiff brought a class action lawsuit against the defendant in 1975 and according to California law, the class cases must be brought within 5 years of filing. In 1976 the attorney for the class put the case on the courts calendar by filing an issue at memorandum, However, the plaintiff switched attorneys twice, and in 1979 the clerk for the court indicated the case was ready to be brought to trial through a notice of eligibility, which triggered the plaintiff’s obligation to file a certificate of readiness, and it usually took 6 months to move from the list to trial. The notice of eligibility was accidentally sent to the plaintiff’s original attorney and the plaintiff new attorney never filed a certificate of readiness and the case never moved to trial after he filed the certificate late.
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