Does plaintiff have to prove that a second appeal would have resulted in a reversal?
California, United States of America
The following excerpt is from Kilmer v. Carter, 274 Cal.App.2d 81, 78 Cal.Rptr. 800 (Cal. App. 1969):
We are thus called upon to determine whether the trial court in the case at bar correctly decided that plaintiff did not 'prove that the appeal * * * would have resulted in a reversal.' (Pete v. Henderson, 124 Cal.App.2d 487, 491, 269 P.2d 78, 80, 45 A.L.R.2d 58.) It is obviously necessary to determine what the first appeal would have been about.
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