What is the proper procedure for advising opposing counsel that a claim is being abandoned?

California, United States of America

The following excerpt is from Prop. Reserve, Inc. v. Superior Court of San Joaquin Cnty., 168 Cal.Rptr.3d 869 (Cal. App. 2014):

³ "We take a dim view of counsel's decision to wait until oral argument to apprise this court that a claim is being abandoned. When counsel learns of new facts that cause him to abandon a claim, the proper course is promptly to advise opposing counsel and the court." (Avila v. Citrus Community College Dist. (2006) 38 Cal.4th 148, 163, fn. 8, 41 Cal.Rptr.3d 299, 131 P.3d 383, original italics.)

⁴ Subsequent undesignated section references are to the Code of Civil Procedure.

⁵ In invitum means "[a]gainst an unwilling person." (Black's Law Dict. (9th ed.2009) p. 854.)

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