Litigation & Arbitration
Jun. 2, 2023
2 answers to what happens when litigation party doesn’t exist
Both rulings cite an obscure, decades-old opinion that takes on a seemingly philosophical question: When litigation involves a nonexistent entity is it void ab initio?
Two appellate panels have given different answers recently to what happens when a court finds one party doesn’t exist.
Both rulings cite an obscure, decades-old opinion that takes on a seemingly philosophical question: When litigation involves a nonexistent entity is it void ab initio? In other words, is it void from the beginning, a legal nullity that can be treated as if it were never filed? Oliver v. Swiss Club Tell (1963) 222 Cal. App...
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