In what circumstances will the court order that a plaintiff be allowed to proceed on appeal on the basis that she failed to provide a proper offer of proof as to the pecuniary extent of her damages?

California, United States of America


The following excerpt is from Cohn v. Bugas, 116 Cal.Rptr. 810, 42 Cal.App.3d 381 (Cal. App. 1974):

In this case the court found no such overreaching. (See fns. 5 and 6, above.) The record fails to reveal that the plaintiff ever offered any proof as to the pecuniary extent of her damages. She cannot now complain that this defect was occasioned by action of the court or of her adversary. (See Moore v. Rogers, supra, 157 Cal.App.2d 192, 197, 320 P.2d 524.) From all that appears if plaintiff had advanced the contention now made on appeal at the trial of the limited issues, the trial court would have either entertained the proof, or entertained a motion to set aside the order for the bifurcated trial. In the absence of proper objection or offer of proof at the trial level there was no 'jurisdictional' bar, as in Cook v. Superior Court, Supra, to proceeding on the issues set forth in the trial court's order.

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that defendant failed to provide a supplemental brief to the Court on appeal? (California, United States of America)
In what circumstances will Flores appeal the Court's finding that Flores has failed to provide any factual or legal basis supporting its cause of action? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
What is the effect of the Court of Appeal's finding that a Defendant has been ordered to pay damages for failing to comply with a Notice of Appeal? (California, United States of America)
If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders? (California, United States of America)
In what circumstances will a court allow a plaintiff to vacate a final judgment against her attorney for failing to properly investigate her husband's classification as a separate property? (California, United States of America)
Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)
Is a defendant permitted to proceed with an application to appeal against the finding that he failed to object at trial to the Court of Appeal? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.