Ulibarri v. Gerstenberger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding trial court abused discretion in not finding excusable neglect for party’s untimely response to motion for summary judgment; determining instead that party’s “conduct . . . does not seem unreasonable under these facts”
• explaining “[n]eglect is excusable when it is such as might be the act of a reasonably prudent person in the same circumstances”
• leaving open the question “whether plaintiffs evidence regarding hypnosis complies with ‘the Frye test’ or establishes that it is generally accepted in the scientific field that one can be hypnotized and thus made to forget”
• reversing denial of relief under Rule 60(c), Ariz. R. Civ. P., when \there [was] little in the record to indicate that [the attorney] should have recognized the emergency [of the approaching deadline before] it was too late\
• reversing denial of relief under Rule 60(c), Ariz. R. Civ. P., when “there [was] little in the record to indicate that [the attorney] should have recognized the emergency [of the approaching deadline before] it was too late”
• “Whether this concealment occurred and was sufficient to toll the statute of limitations is a factual dispute to be resolved by the fact finder.”

Source: CourtListener parenthetical corpus (CC0).