Nixon Peabody LLP v. Superior Court

Petitioner Nixon Peabody LLP seeks a writ of mandate directing the trial court to set aside its order granting real parties in interest’s motion to vacate their voluntary dismissal under Code of Civil Procedure section 473, subdivision (d)* on the ground that the dismissal was void. Petitioner argues the trial court erred in its finding. We agree with petitioner and issue the writ.

FACTUAL AND PROCEDURAL SUMMARY

The facts concerning the instant petition for writ are undisputed. In 2007, real parties in interest purchased interests in two Florida golf clubs. Petitioner represented real parties in interest in the transaction. On April 27, 2012, real parties in interest initiated the underlying action in the Los Angeles County Superior Court against numerous entities, alleging that the private placement memorandum used was false and misleading and that petitioner failed in its duty to ensure proper disclosures were made to real parties in interest. On advice of their new counsel, Michael S. Hull, real parties in interest filed nearly identical suits in the United States District Court for the Eastern District of Texas on April 28, 2012, and in the United States District…