Home > News > Firm Appellate Victory!

FIRM APPELLATE VICTORY!


Firm litigators Paul Wayne and Gregory Bayless recently defeated an Appeal filed by two plaintiffs in relation to a 2005 Civil Judgment - which had been entered on a 2005 jury trial defense verdict.

In this case, Paul Wayne was the trial attorney. The case originally involved causes of action for breach of the warranty of habitability and sexual harassment, among other causes of action, arising out of the plaintiffs' tenancy at an apartment complex owned by the Firm's client, the apartment owner defendant. On appeal, plaintiffs sought a reversal of the trial court Judgment based on plaintiffs' claim that the trial court erred in denying plaintiffs’ motion in limine to exclude evidence of prior lawsuits filed by one of the plaintiffs.

Litigators Wayne and Bayless argued, among other things, that plaintiffs did not provide an adequate record on appeal since plaintiffs did not include in the record the transcript of the hearing regarding the motion in limine at issue. Litigators Wayne and Bayless also argued that it was not prejudicial error for the trial court to allow the introduction of evidence of prior lawsuits.

In the end, the Appellate Court affirmed the trial court Judgment and found that the plaintiffs did not provide an adequate record on appeal, and that plaintiffs failed to demonstrate error or prejudice.



Related Attorney(s):
Gregory W. Bayless
Paul V. Wayne

Related Practice Area(s):
Real Estate and Construction Law

email this page  print this page

Phoenix: 2198 East Camelback Road, Phoenix, AZ 85016-4742 Tel. (602) 340-1234 Orange/Riverside: 600 West Santa Ana Boulevard, Santa Ana, CA 92701 Tel. (714) 437-4900 Los Angeles: 15250 Ventura Boulevard, Sherman Oaks, CA 91403 Tel. (818) 205-9955 Ventura/Oxnard: 300 Esplanade Drive, Oxnard, CA 93030 Tel. (805)485-2275 Santa Barbara: 1226 State Street, Santa Barbara, CA 93101 Tel. (805)962-4000 Utah: 2150 South 1300 East, Salt Lake City, Utah 84106 Tel. (801) 337-3997 Las Vegas: 7878 West Sahara Avenue, Las Vegas, NV 89117 Tel. (702) 562-3301 Fresno: 516 West Shaw Avenue, Fresno, CA  93704-2515 Tel. (559) 221-2670 Bay Area: 1001 Bayhill Drive, Second Floor, Suite 200, San Bruno, CA 94066 Tel. (650) 616-4402 Sacramento: 2555 3rd Street,2555 3rd Street, Suite 110, Sacramento, CA  95818 Tel. (916) 475-1600 Reno: 955 South Virginia Street, Reno, NV 89502 Tel. (775) 786-6200

LOS ANGELES ORANGE COUNTY VENTURA/OXNARD CENTRAL COAST
BAY AREA SACRAMENTO LAS VEGAS RENO PHOENIX


 
View Legal Disclaimer - Copyright © 2008 Tharpe & Howell. All Rights Reserved.

Website By JSTech