|
3431 REVIEW DENIED The law of the case doctrine, which holds that the decision of an appellate court stating a rule of law necessary to the determination of a case conclusively establishes the rights of the same parties in a subsequent retrial or appeal in the same matter, applies to decisions of the Court of Appeal; the Court of Appeal's reversal of a trial court's entry of summary judgment for defendant established that plaintiff asserted a prima facie right to relief and precludes the trial court from subsequently sustaining a demurrer to the same cause of action; the practice of bringing collection actions in a distant forum lacking in personam jurisdiction over defendants may constitute a form of abuse of process known as "distant forum abuse;" a SLAPP motion is timely if filed within 60 days from service of the last amended complaint; an abuse of process action arises from the defendant's exercise of the constitutional right of petition and therefore may be subject to the SLAPP statute.CitationYU v SIGNET BANK (Distant Forum Abuse) 103 CA4 298 [See: CCP 425.16; B&PC 17200 etseq; Barquis v Merchants 7 C3 94; Yu v Signet 69 CA4 1377; Lam v Ngo 91 CA4 832, T/AT 9/01]
|
|
