Legal Opinion
Daley v. County of Butte
California Court of Appeal
Decided May 22, 1964No. Civ. 10617PublishedCited by 118 opinions
1Opinion of the CourtFriedman, J.
Acting under the two-year discretionary dismissal provision of section 583, Code of Civil Procedure, the lower court ordered dismissal of this wrongful death action for lack of prosecution. Having secured new attorneys, plaintiff Mildred T. Daley then moved under section 473, Code of Civil Procedure, to vacate the dismissal on the ground of her mistake, inadvertence, surprise and excusable neglect. She appeals from denial of the latter motion.
Plaintiff is the widow of Roger R. Daley, who died on January 29, 1959, as the result of a collision between his pickup truck and a sheriff’s patrol car…
2Cases cited30 opinions
- Spellens v. SpellensCalifornia Supreme Court · 1957
- In Re Estate of BakerCalifornia Supreme Court · 1915
- Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
- Hallett v. SlaughterCalifornia Supreme Court · 1943
- Berri v. RogeroCalifornia Supreme Court · 1914
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3Cited by118 opinions
- Denham v. Superior CourtCalifornia Supreme Court · 1970
- Younger v. Superior CourtCalifornia Supreme Court · 1978
- Elston v. City of TurlockCalifornia Supreme Court · 1985
- Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
- Hocharian v. Superior CourtCalifornia Supreme Court · 1981
113 more not listed; retrieve them via the Exa API.