In  some cases there are time restrictions on taking certain actions like filing an appeal or having certain motions heard.  These rules are jurisdictional which means the court has no discretion but must rule a certain way.

I recently won a jury trial and my client was awarded his full contract damages.  The losing side made a motion for a new trial.  At the time set for the hearing on the motion for a new trial, the attorney for the losing side did not show up in court on time and the judge called the case without him present and denied his motion for a new trial without oral argument.

The lawyer then filed an application asking the judge to give him an opportunity to argue his motion.  The court set a hearing date.

The problem is there is a statute that mandates rulings on motions for new trial to be heard and decided within 60 days from the notice of entry of judgment.  In this case the 60 days expired between the time when he did not show up for argument on the first date and the time the judge reset the hearing.

This is a situation where the judge will have no choice but to deny his motion and deny him the opportunity to engage in oral argument.

Robert G. Klein, Esq. is a Los Angeles trademark attorney and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, and unfair competition.  He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale.  Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, and business law matters.  He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com