3d DCA Watch -- Belief and Technique for Modern Prose Edition.

Hey hey hey, wasn't it Jack Kerouac who advised aspiring writers to "struggle to sketch the flow that already exists intact in mind."

That's not easy when you're dealing with statutes and case law.

But today is Bunker Time™, so let's get deep, intimate and personal and meld some minds with the Robed Ones:

Western Hay v. Lauren Financial:

Hmm, opinion withdrawal syndrome:

We deny appellant’s motion for rehearing and certification; however, we withdraw our opinion issued on May 4, 2011, and substitute the following in its place.

Oh boy, this is going to be good!

Let's get some popcorn and read on:

The final judgment under review is summarily affirmed.

That's it???

Dear 3d DCA:  you just harshed my meld.

Gemini Investors v. Nunez:

Some good news for Kimberly Boldt:

Accordingly, because plaintiffs were misled regarding facts material to the transaction known by defendants due to superior knowledge, which defendants concealed, the complaint sufficiently pled claims for fraudulent misrepresentation and securities act violations, and the trial court erred in dismissing these claims. We, therefore, reverse the order dismissing plaintiffs’ claims for fraudulent inducement and violation of the securities acts, and remand for further proceedings in accordance with this opinion.

I think the lesson learned here is:  always plead the elements.

(Wasn't that Jack's 31st rule?)