Podcast
Questions and Answers
What is the applicable statute of limitations for a claim of reformation of an instrument based on fraud or mistake?
What is the applicable statute of limitations for a claim of reformation of an instrument based on fraud or mistake?
- One year
- Three years (correct)
- Two years
- Four years
What did the trial court claim was the reason for denying the proposed amendment?
What did the trial court claim was the reason for denying the proposed amendment?
- The trial court had no power to allow the amendment
- The defendant would be prejudiced by the amendment
- The plaintiff had engaged in dilatory pleading practices
- The proposed amendment circumvented the statute of limitations (correct)
Which party made the mistake of naming the Trust twice in the complaint?
Which party made the mistake of naming the Trust twice in the complaint?
- Dupree
- Chiarelli (correct)
- MAM
- CIT Bank
What was the reason given for denying the amendment to the complaint?
What was the reason given for denying the amendment to the complaint?
What claims did Dupree propose to pursue?
What claims did Dupree propose to pursue?
What does the text suggest about the outcome of the case for Dupree?
What does the text suggest about the outcome of the case for Dupree?
According to the Second Circuit panel in Fund Liquidation Holdings, what are the two potentially distinct legal concepts implicated in corporate dissolution?
According to the Second Circuit panel in Fund Liquidation Holdings, what are the two potentially distinct legal concepts implicated in corporate dissolution?
According to the panel in Fund Liquidation Holdings, which of the following is non-jurisdictional in nature?
According to the panel in Fund Liquidation Holdings, which of the following is non-jurisdictional in nature?
According to the Fund Liquidation Holdings panel, what is a problem of constitutional magnitude?
According to the Fund Liquidation Holdings panel, what is a problem of constitutional magnitude?
According to the panel in Fund Liquidation Holdings, when should a case be dismissed for want of subject-matter jurisdiction?
According to the panel in Fund Liquidation Holdings, when should a case be dismissed for want of subject-matter jurisdiction?
What is the initial question regarding Ms. Redland's failure to discover the alleged mistake in the deed of trust in 2006?
What is the initial question regarding Ms. Redland's failure to discover the alleged mistake in the deed of trust in 2006?
When would the filing date for any amended complaint relate back to, according to the text?
When would the filing date for any amended complaint relate back to, according to the text?
Why does MAM argue that the relation back doctrine does not apply?
Why does MAM argue that the relation back doctrine does not apply?
What do the federal cases cited by MAM in the text reinforce?
What do the federal cases cited by MAM in the text reinforce?
Under California law, lack of standing as a real party in interest is equivalent to
Under California law, lack of standing as a real party in interest is equivalent to
According to The Rossdale Group, LLC v. Walton, the concept of 'standing' in Article III of the Constitution refers to
According to The Rossdale Group, LLC v. Walton, the concept of 'standing' in Article III of the Constitution refers to
In California, lack of standing is
In California, lack of standing is
The constitutional baseline for a superior court in California is that it has the power to decide cases
The constitutional baseline for a superior court in California is that it has the power to decide cases
What does MAM argue about Parcel Two?
What does MAM argue about Parcel Two?
What does Dupree's proposed amended complaint allege about reverse mortgages?
What does Dupree's proposed amended complaint allege about reverse mortgages?
What is the resolution of the merits issues dependent on?
What is the resolution of the merits issues dependent on?
Which court system does not allow for questioning subject matter jurisdiction after judgment?
Which court system does not allow for questioning subject matter jurisdiction after judgment?
What type of claims did Dupree seek to bring in his proposed first amended complaint?
What type of claims did Dupree seek to bring in his proposed first amended complaint?
What reason did Dupree provide for the delay in seeking to substitute himself as plaintiff?
What reason did Dupree provide for the delay in seeking to substitute himself as plaintiff?
What should MAM do if they have grounds for a dispositive motion winnowing the claims in this case?
What should MAM do if they have grounds for a dispositive motion winnowing the claims in this case?
What does section 11 of the Restatement Second of Judgments state?
What does section 11 of the Restatement Second of Judgments state?
What does section 7 of the Restatement of Judgments (1942) state?
What does section 7 of the Restatement of Judgments (1942) state?
What does MAM claim regarding Dupree's proposed first amended complaint?
What does MAM claim regarding Dupree's proposed first amended complaint?
What is the default presumption of subject matter jurisdiction in California courts?
What is the default presumption of subject matter jurisdiction in California courts?
