this is a skank shift ([info]crescimento) wrote,
@ 2008-07-01 01:09:00
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The Kettle & the Pot.
"Plaintiff contends the City forfeited its laches defense by failing to raise it in opposing his motion for reinstatement. But he cites no supporting case law presumably because his contention makes no sense."

- Defendant, City & County of San Francisco.

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[info]kenatent
2008-07-02 02:20 am UTC (link)
Can't laches be waived, just like the statute of limitations?

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[info]crescimento
2008-07-02 02:41 am UTC (link)
As far as I understand, yes they can.

Their contention is that they never waived them, which I think is fair to say. At several points they argued our client's claims were barred by laches. The real beef is that the judge didn't mention the laches defense in his decision.

So there's two issues right now: whether the judge even needed to rule on the laches defense to reach the conclusions he did, and whether the City properly followed procedure in requesting specific findings regarding laches.

Civil Procedure has become a lot more interesting to me now that I'm seeing ongoing conflicts and not just reading about settled cases.

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