Legal Opinion
Usher v. Soltz
California Court of Appeal
Decided September 18, 1981No. Civ. 25023PublishedCited by 8 opinions
1Opinion of the Court
Opinion
MORRIS, J.
Plaintiff appeals from an order vacating a judgment which was based on an arbitration award.
Facts
In mandatory judicial arbitration proceedings, plaintiff was awarded $12,000 damages for personal injuries sustained in an automobile accident. The arbitration award was filed on June 6, 1980. Because the clerk’s file contained no request for trial, judgment was entered on June 26, pursuant to rule 1615(c).
On July 7 the defendant filed a motion under section 473 to set aside the judgment on the ground that the failure to file the request for trial was the result of mistake,…
2Cases cited14 opinions
- Olivera v. GraceCalifornia Supreme Court · 1942
- Hoyt v. StarkCalifornia Supreme Court · 1901
- Kupka v. Board of AdministrationCalifornia Court of Appeal · 1981
- DeMello v. SouzaCalifornia Court of Appeal · 1973
- City of El Monte v. City of IndustryCalifornia Court of Appeal · 1961
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Maynard v. BrandonCalifornia Supreme Court · 2005
- Alvarado v. City of Port HuenemeCalifornia Court of Appeal · 1982
- Mentzer v. HardoinCalifornia Court of Appeal · 1994
- Oats v. OatsCalifornia Court of Appeal · 1983
- Hardy v. Western Landscape ConstructionCalifornia Court of Appeal · 1983
3 more not listed; retrieve them via the Exa API.