Valentine v. Leisure Sports
Filed 4/18/06 Valentine v. Leisure Sports CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| JOHN VALENTINE, Plaintiff and Appellant, v. LEISURE SPORTS, INC., Defendant and Appellant. | A109390 (Alameda County Super. Ct. No. V-020510-6) |
Continued from Part I ……….
Leisure also cites language contained in section 597 of the Code of Civil Procedure in support of its argument that the trial court incorrectly included in the formal judgment the trial court's rulings that it could not assert its affirmative defense of waiver. Section 597 sets out how the trial court determines an affirmative defense that, if proven, would bar the action. A trial may be had on the affirmative defense before trial of the merits of the underlying action. If an affirmative defense is tried and the court's ruling on this issue favors the plaintiff--that is, if the affirmative defense is held not to bar the action--then â€
