Gary Barr and Alexander Kasendorf Prevail in Court of Appeal Posted by Admin on Feb 02 2016

Alpert, Barr & Grant is pleased to announce that Gary Barr and Alexander Kasendorf prevailed for the firm’s client before the Court of Appeal in a lawsuit to establish ownership rights in a six-figure real property matter.


The trial court entered judgment in the client’s favor by sustaining a demurrer to the complaint without leave to amend. The demurrer was the first document filed on behalf of the client (who was the Defendant in the case) and the case was over before it even started. The Plaintiff appealed the judgment but the Court of Appeal affirmed the trial court’s decision that based on the facts the plaintiff waited too long before filing the complaint. The Court of Appeal also granted the firm’s client costs incurred on appeal.


Prevailing on a demurrer to an original complaint without the Court granting leave to amend is highly unusual and a ruling that is rarely obtained. Alpert, Barr & Grant were able to obtain the Judgment without filing an Answer to the Complaint, taking any discovery or doing anything beyond filing the demurrer and appearing at the hearing for the demurrer.


We congratulate Gary and Alex on winning this complex appeal.