Bogdan v. Polak CA2/8
Michael, Kristen, Tate, and Anabelle Bogdan (the Bogdans) sued their former landlord, Jacqueline Pace (Pace), alleging a variety of tort and contract claims. Pace died after the notices of appeal were filed. We granted the motion of her husband, Michael F. Polak, Sr., to substitute in for Pace in these proceedings. Because Pace’s death occurred after the conclusion of the trial court proceedings, we refer to the defendant in the trial court as “Pace,” but when discussing the appellate litigation, we refer to the defendant as “Polak.”
Some causes of action were disposed of by nonsuit, and others were rejected by the jury after trial. In case No. B306264, the Bogdans allege the trial court violated the Fourteenth Amendment to the United States Constitution; denied them the right to make a fair opening statement; improperly denied two motions for mistrial; made erroneous evidentiary rulings; improperly granted nonsuit on multiple claims; and failed to give proper jury instruction
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