NEARY v. REGENTS OF UNIVERSITY OF CALIFORNIA

Docket No. S020515.

3 Cal.4th 273 (1992)

834 P.2d 119

10 Cal. Rptr.2d 859

GEORGE NEARY, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Appellants.

Supreme Court of California.

August 13, 1992.


Attorney(s) appearing for the Case

COUNSEL

Keker & Brockett, John W. Keker and David J. Meadows for Plaintiff and Appellant.

Howard, Rice, Nemerovski, Canady, Robertson & Falk, Jerome B. Falk, Jr., Steven L. Mayer, Richard A. Marcantonio, Ramsey, Morrison, Wallis & Abramson and O.J. Ramsey, Jr., for Defendants and Appellants.

Morrison & Foerster, James J. Brosnahan, Grant L. Kim, Marc N. Bernstein, Mark W. Danis, Wright, Robinson, McCammon, Osthimer & Tatum, James C. Nielson, Barnum, Balthazar & De Lara, Christine Balthazar, Carroll, Burdick & McDonough, Donald T. Ramsy, Rodney L. Eshelman and David M. Rice as Amici Curiae.


OPINION

BAXTER, J.

While this appeal was pending in the Court of Appeal, the parties agreed to settle their dispute and jointly requested the Court of Appeal to reverse the trial court's judgment in plaintiff's favor. The Court of Appeal declined to do so. The issue is whether a Court of Appeal should grant a stipulated request by all parties pending appeal to set aside a trial court judgment in order to effectuate the parties' agreement...

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