Today’s Five Dollar Words: Peremption as in Trout Point Lodge is Perempted

Peremption is the time fixed by statute for the existence of a right. ~ CCP Art. 927

Oh what a tangled web we weave. When first we practice to deceive. – Sir Walter Scott

Goats on a rope
Goats on a rope

But it gets worse, far worse:

Fifty Thousand Dollars!!!!!
Fifty Thousand Dollars!!!!!

14 thoughts on “Today’s Five Dollar Words: Peremption as in Trout Point Lodge is Perempted”

    1. Ashton failed to grasp the Catch 22 style absurdity of it all. The lesson here is to beware when filing a class action lawsuit.

  1. given malpractice is subject to a one year peremption rule, within one year from the date of the alleged act, omission, or neglect, or within one year the act, omission, or neglect is discovered or should have been discovered, which is in the Civil Code Ancillaries in Title 9 – so what was the date of the email? If it is in the petition, then hell, Jones Walker might get to file that rare procedural bird requesting a judgment on the pleadings.

    Imagine the goats getting an annotation entry for sheer incompetence in litigation!

      1. You guys miss nothing The email was dated in January 2012. All the pleading where the malpractice supposedly occurred were furnished to the self proclaimed Park Avenue lawyers, the last of which is also well over a year old.

        1. Bwahahahahahaha….!

          This is one of those situations where you feel like the dog waiting on bacon bits commercial, panting “judgment on pleadings, judgment on the pleadings….”

  2. Reading the Jones Walker memo, however, one should be struck by the fact that Jones Walker was on notice that there was a dynamic tension between the clients and the advocate from the outset which, together with some dubious propositions, would under the professional rules strongly suggest JW should have refrained from or departed representation. This is one of those situations where you have two sides deeply immersed in the cesspool, but one only slightly more smelly than the other.

      1. we agree with both comments above. we are also of the opinion that Jones,Walker is a victim of their own management’s misguided attempts of polluting the practice of law with biased political correctness.

        1. If you observe a circle within a circle, hinting at less than professional relationship between counsel and client, I recall something to that effect observed here before.

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