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help - pending appeal

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  • abzalootly
    Hopefully Bear or someone knows this one ? In CA Appeal is pending - [opening brief due in about 45 days] Recently discovered defendant fraudulent concealment
    Message 1 of 1 , Apr 28 11:47 PM
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      Hopefully Bear or someone knows this one ?

      In CA
      Appeal is pending - [opening brief due in about 45 days]
      Recently discovered defendant fraudulent concealment of a tort during
      disovery and during sum/judgment - which if known by plaintiff would
      have altered merits on case.

      Appellate court will not allow new evidence.... so it appears
      plaintiff is forced to wait for decision on appeal and then plead
      lower court to reopen case to admit new evidence of fraud [which does
      not toll statute of limitations]

      OR - can the lower court say no jurisdiction, since the ball game is
      over after appeal win or lose? I cannot find anything on this type of
      dilemma.

      Moderator/Bear: I think you tell the appellate court about this and ask them to remand the case. Do a search in the data base on "remand" in CA at versuslaw.com.

      Thanks for any comments. REALLY need this info.
      Katy
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