Is laches an equitable defense that it is not?

California, United States of America


The following excerpt is from Panich v. Portney, B267586 (Cal. App. 2016):

As with unclean hands, laches is an equitable defense that it is used to bar relief. (City of Oakland v. Oakland Police & Fire Retirement System (2014) 224 Cal.App.4th 210, 248 ["Laches is based on the principle that those who neglect their rights may be barred, in equity, from obtaining relief"].) Laches, therefore, is no basis for a trial court to refuse to recognize a burden shift.3

Page 23

Other Questions


Is there an equitable defense of laches? (California, United States of America)
Is a mistake-of-fact defense defense defense harmless? (California, United States of America)
What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense? (California, United States of America)
What are some cases upholding laches as a defense to reinstatement? (California, United States of America)
In what circumstances will a defense counsel be required to rest his case without putting on a defense? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter? (California, United States of America)
Does a prosecutor have the authority to imply that defense counsel fabricated a defense? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.