Does the court err in dismissing the case as a result of the general manager's decision not to join the tenant as defendants?

California, United States of America

The following excerpt is from Tobias Partners, L.P. v. City of L. A., B256419 (Cal. App. 2015):

Tobias argues that the trial court should have permitted it to amend the petition to join the tenants as defendants rather than dismiss the case. We conclude the court did not err in dismissing the case as failure to join the tenant was fatal to Tobias' petition. A 90-day statute of limitation applied to Tobias' petition pursuant to section 1094.6, subdivision (b). This is "a procedural limitations provision and, consequently, jurisdictional." (Donnellan v. City of Novato (2001) 86 Cal.App.4th 1097, 1103.) As the general manager's decision was rendered on June 14, 2012, the 90-day limitations period

Page 8

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the result of the Court of Appeal's decision in the case of defendant in the Superior Court of Justice on appeal against a finding of not guilty of a charge of gross negligence? (California, United States of America)

In reviewing a decision by the Superior Court of Appeal to deny probation to a defendant who has committed a criminal offence, can the judge rely on another court's decision not to grant probation? (California, United States of America)

What are the consequences of a court's decision to reinstate probation after a defendant has violated probation and been ordered to pay a restitution fine and court fees? (California, United States of America)

Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)

Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)

Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling? (California, United States of America)

Does the denial of access to the courts by the Department of Justice to defend a civil case against a defendant who is not able to pay for a lawyer to represent him in court constitute a prima facie equal protection violation? (California, United States of America)

Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal? (California, United States of America)

How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)

How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)

Does the court err in dismissing the case as a result of the general manager's decision not to join the tenant as defendants?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources