Wednesday, August 29, 2018
In a recent California appellate opinion disposing of the second appeal of an earlier judgment seems to have the court irritated. It does appear the appellant was trying to relitigate a decided issue, so perhaps that's right. But the court makes its own goof. After referring repeatedly to the "limited liability company" at issue, the court then goes down a familiar, and disappointing, path. The court explains:
In any event, the Supreme Court opinion which Foster contends we disregarded, Essex Ins. Co. v. Five Star Dye House, Inc. (2006) 38 Cal.4th 1252, 1259, has no relevance here. Essex decided whether an assignee of a bad faith claim could also recover attorney fees. (Ibid.) This holding has nothing to do with whether a limited liability corporation may assign its appellate rights in an improper attempt to circumvent the rules requiring corporations to be represented by attorneys.