Metropolitan News-Enterprise

 

Thursday, May 28, 2015

 

Page 1

 

Appeals Court Gives Quick Rejection to Pro Per’s Novel Contention

 

By a MetNews Staff Writer

 

The Court of Appeal for this district has rejected the novel contention by a pro per that judgment was impermissibly entered against him in his action against the City of Los Angeles because he had failed to serve the summons and complaint properly.

Writing for Div. Two, Justice Judith Ashmann-Gerst said appellant Arthur Coleman’s “legal argument makes no sense.”

She explained:

“Quite simply, appellant did not meet his burden on appeal.  He seeks reversal of a judgment on the grounds that the trial court lacked jurisdiction to enter judgment because he failed to properly serve the City with the summons and complaint.  But, the City waived any allegedly improper service and submitted to the court’s jurisdiction by filing a demurrer without raising a jurisdictional objection.”

The unpublished opinion in Coleman v. City of Los Angeles, B255818, was filed Tuesday. It affirms a judgment by Los Angeles Superior Court Judge Kevin Brazile, Judge.

Assistant City Attorney Amy Jo Field acted for the city and Coleman represented himself.

 

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