California Court of Appeal

Where a complaint contained a clear, unambiguous and valid remission clause that was not stricken or amended prior to or during trial, court had no authority to permit an amendment of the complaint after the trial, and there was no basis to declare a mistrial.

Appellate Information

• Decided 09/17/2002
• Published 10/09/2002

Judges

•  LILLIE, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Ellis & Kingston, and Howard Gertz, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Haight, Brown & Bonesteel, Roy G. Weatherup, and Stephen M. Caine, Los Angeles;  Bollington, Stilz, Bloeser & Curry, and William S. Hargiss for Defendant and Respondent.