Logourl black
From our private database of 13,800+ case briefs...

Karubian v. Security Pacific National Bank

California Court of Appeal
152 Cal. App. 3d 134 (1984)


Facts

In 1975, Richard Karubian and others (plaintiffs) filed a civil action against Security Pacific National Bank (defendant) in a California state court. Under California law, civil cases were required to be brought to trial within five years of filing. In 1976, plaintiffs’ attorney filed an “at-issue memorandum,” which effectively placed the matter on the “civil active list” of cases on the court’s trial calendar. After the filing of the at-issue memorandum, plaintiffs switched attorneys twice. In 1979, a court clerk issued a “notice of eligibility” to plaintiffs, indicating that the case was high enough on the civil active list to be eligible for setting a trial date. Receipt of a notice of eligibility triggered an obligation on the part of plaintiffs to file a Certificate of Readiness, which put the case on the “trial ready list.” The court calendar was such that it took at least six months for a case to move from the trial ready list to trial commencement. Plaintiffs’ notice of eligibility was erroneously sent to plaintiffs’ original attorney, who did not forward it to plaintiffs’ current attorney. The original attorney claimed to have contacted the clerk’s office and told someone that he no longer represented plaintiffs. In the end, plaintiffs and their current counsel did not receive any notice of eligibility. Consequently, no Certificate of Readiness was filed. The case was never moved to the trial ready list and, in fact, was entirely removed from the civil active list. Plaintiffs’ attorney learned this state of affairs after moving to schedule the case for trial approximately 40 days prior to the expiration of the five-year deadline. The court denied plaintiffs’ motion as well as a motion to reconsider. The court then dismissed the case based on its inability to be tried prior to expiration of the deadline. Plaintiffs appealed

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.