Opinion

Neary v. Regents of University of California

  • 3 Cal. 4th 273
  • 10 Cal. Rptr. 2d 859
  • 92 Daily Journal DAR 11277
  • 834 P.2d 119
  • 61 U.S.L.W. 2116
Court
California Supreme Court
Filed
Aug 13, 1992
Status
Published
Author
Mosk
On the bench
Baxter, Mosk, Kennard
Cited by
74 cases

Superseded by statute, as recognized in City of Palmdale v. Board of Equalization

holding that, absent extraordinary circumstances, parties are entitled to a stipulated reversal to effectuate settlement

How later courts described this case

  • holding that, absent extraordinary circumstances, parties are entitled to a stipulated reversal to effectuate settlement

Written by the judges who cited it.

Later courts went against this

  • Superseded by statute, as recognized in City of Palmdale v. Board of Equalization

    3 Cal.4th 273, 276 , superseded by statute on another ground, as stated in City of Palmdale v. Board of Equalization (2012) 206 Cal.App.4th 329, 338
    California Court of AppealMay 23, 20123 citing opinionsby statuteother groundsRead it

The opinion

MOSK, J.

I concur under the facts of this case.

Nevertheless I am concerned about some of the implications of the majority opinion. In particular, their conclusion that a Court of Appeal should grant a stipulated reversal “absent a showing of extraordinary circumstances that warrant an exception” (maj. opn., ante, p. 275.) is too broad a rule. I would leave the matter entirely to the discretion of the appellate court.

It is not difficult to conceive that a defendant held liable for a product found by a court or jury to be negligently designed or manufactured would be eager to wipe that judgment out of existence in order to deter other victims from seeking recourse. And it is not difficult to understand that the victorious plaintiff would be so eager to collect on the judgment that he or she would give scant consideration to its potential effect on other victims. Yet the appellate court should give weight to such factors in its discretionary determination whether to approve a stipulated reversal.

Other equally serious scenarios can be conceived. Thus I cannot join in the majority’s gratuitous creation of some type of “presumption.” I trust that will be deemed a mere dictum. I do approve of their apparently conflicting suggestion that the circumstances must be examined on a case-by-case basis. No more is needed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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