Scoreboard

Whether litigators want to admit it or not, they keep score when arguing motions. I, being a litigator, am no exception. Typically keeping score is an easy thing- win MSJ, you get a point, lose an MSJ, you get a negative point. But on Monday a Judge's ruling really stumped me.

It was a demurrer (a legal "so what"). Plaintiff's attorney had brought a cause of action for, amongst other things, punitive damages. My response? Punitive damages is a a remedy, not a cause of action, but nice try.

The Court agreed, and sustained my demurrer without leave to amend. Score one, right? Well, not quite. You see, the Judge was adamant that while he would sustain the demurrer without leave to amend, he was doing so without prejudice. Ok, so Plaintiff can't fix the pleading error, but we aren't the prevailing party?

I know, I know, who cares? In the end I still won, right? Well, that's all fine and good, but what the hell do I write down on my scorecard? Is this an "RBI" type of situation?

I decided to mark it as a half a point. But I am seriously toying with the idea of crossing that out and putting a plus one.