Kainth

Kainth v. Pannell CA5

Good Law
Court of Appeal of CaliforniaDecember 11, 2014F065783California5,375 words

Opinion

Opinion

DISCUSSION

I. Pannell’s Appeal of the Trial Court’s Determination

We choose to begin with Pannell’s claims on appeal as those claims would require us to address issues we have already decided. And because we have already decided those claims adversely against Kainth and in favor of Pannell, we find it unnecessary to reach the merits of Pannell’s assertions on appeal here. The Law of the Case Doctrine 1. Legal Standards “‘The law of the case doctrine states that when, in deciding an appeal, an appellate court “states in its opinion a principle or rule of law necessary to the decision, that principle or rule becomes the law of the case and must be adhered to throughout its subsequent progress, both in the lower court and upon subsequent appeal.”’ [Citation.]” (Quackenbush v. Superior Court (2000) 79 Cal.App.4th 867, 874.) The doctrine applies to a rule of law necessarily decided in an appellate decision and determines “‘the rights of the same parties in any subsequent retrial or appeal in the same case.’ [Citation.]” (Nally v. Grace Community Church (1988) 47 Cal.3d 278, 301–302.)

3. “The ‘law of the case’ doctrine … precludes a party from obtaining appellate review of…

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