P.K. Schrieffer LLP Wins Appeal for Major Entertainment Client
P.K. Schrieffer LLP (“PKS LLP”) is delighted to announce that the Court of Appeal affirmed the dismissal of a personal injury action by a vexatious litigant on jurisdictional grounds. After PKS LLP won the dismissal of the entire action, plaintiff appealed to the California Court of Appeal.
Plaintiff, a licensed California attorney, filed a fee waiver application to waive the filing fee for his complaint, which the trial court denied after determining the application was incomplete. After plaintiff failed to pay the filing fee or submit a revised application within the time limit, the trial court voided the complaint. Plaintiff requested and was granted an ex parte relief reinstating the complaint under California Code of Civil Procedure Section 473.
PKS LLP successfully filed a demurrer to plaintiff’s complaint on jurisdictional grounds, and a dismissal of the entire action was entered by the trial court as a result. The Court of Appeal affirmed the dismissal and held that the “Code of Civil Procedure Section 473 cannot provide relief for errors that are jurisdictional, such as failing to timely pay filing fees.” The Court of Appeal determined that whether the dismissal was jurisdictional did not turn on “the reason the fees were unpaid or who failed to pay them, but on the fact that the jurisdictional requirement of timely payment had not been met.” Thus, it held that once “the court loses jurisdiction, by whatever cause, it has no power to grant relief.”
“This win highlights a core strength of our Firm,” says managing partner Paul Schrieffer. “We utilized the full range of our talent to argue and win this case: trial and appellate attorneys with deep experience in their respective fields pulled together to park the win for the client.”
PKS LLP is a full service law firm that provides value-driven solutions to its clients from its various offices across the country. The Firm’s litigation department has handled trials and appeals from coast to coast, delivering win after win for its clients, which range from Fortune 500 companies to high net worth individuals. For further information on how we might better assist you, please contact Paul Schrieffer, managing partner, at [email protected] or at 626-373-2444.