Cal Law Trends and Developments


Kenneth H. York

Article Title



It is a curious circumstance that, although the sole purpose of a lawsuit is to obtain redress of some sort, the remedial aspects of cases are usually shunted to the back of the litigational bus from which they emerge belatedly, casually, and somewhat rumpled. Anyone searching for illuminating bits of remedial lore in California (or any other) advance sheets must be prepared to rummage about among tag-end paragraphs of literally hundreds of civil cases from which such interest as may originally have existed in parties, facts, controversy, strategy, or even style has long since been drained away.

However, remedial considerations are sometimes so strong that they push to the forefront. This is particularly true of cases in which the claimant is afforded, or at least thinks the trend of judicial lawmaking is such that there is a chance he may be afforded, a choice of substantive law (contract, tort or restitutionary) causes of action based upon the facts stated.

Since remedial problems range in appearance from tag-end paragraphs to main themes, a discussion of court decisions is forced to follow a similar pattern. It may be tempting at times to focus only upon the main themes, but remedial problems given lesser attention may be equally important, if only to the client's bank account. Accordingly, this review and analysis treats in varying length the remedial problems to which the courts gave varying attention.