Windsor v. Tamraz
This is another chapter in prolonged litigation between Shirley A. Windsor, Frank Prior, and Prior’s attorney, Joel Tamraz (we refer to Prior and Tamraz collectively as “respondentsâ€). In this action, Windsor alleges contract and tort causes of action arising from a settlement in an underlying action which was not finalized at the time this action was filed. The trial court sustained a demurrer by respondents on statute of limitations grounds and dismissed this action. During the pendency of this appeal, the underlying judgment was finalized and satisfied as part of a global settlement.
Windsor argues the trial court erred in sustaining the demurrer without leave to amend. Respondents contend that this appeal is moot and that no issues remain to be decided in light of the resolution of the underlying case. We affirm dismissal of the contract and covenant of good faith causes of action on the grounds that they are barred by the resolution of the underlying action and are moot because there is no effective relief which may be provided through this appeal. We also conclude that the trial court did not err in sustaining the demurrer to the first amended complaint as to the remaining causes of action. We deny respondents’ request for sanctions on appeal.
Comments on Windsor v. Tamraz