Appellate Practice
Sep. 18, 2007
Tactical Consent
Focus Column - By Benjamin G. Shatz - Complaints often contain a key cause of action accompanied by subsidiary or weaker claims that otherwise would not be pursued on their own but are included to bolster the primary action or provide fallback options.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Complaints often contain a key cause of action accompanied by subsidiary or weaker claims that otherwise would not be pursued on their own but are included to bolster the primary action or provide fallback options. When a defendant successfully knocks out the primary claim - perhaps through demurrer or summary adjudication - the remaining, secondary claims present a quandary for the plaintiff. The plaintiff wants to appeal the loss of the real issue but cannot perfect an appeal because o...
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