Legal Opinion
Brookview Condominium Owners' Ass'n v. Heltzer Enterprises-Brookview
California Court of Appeal
Decided February 28, 1990No. G004539PublishedCited by 12 opinions
1Opinion of the Court
Opinion
MOORE, J.
Brookview Condominium Owners’ Association (appellant) appeals the dismissal of its complaint against Heltzer Enterprises-Brook-view (respondent or Heltzer Enterprises), for failure to serve the complaint within three years.1 It is undisputed the complaint was not served within the required three-year time period. However, appellant contends the trial court committed reversible error by failing to find that Heltzer Enterprises made a general appearance, and by refusing to consider evidence of estoppel and waiver.
We hold the trial court did not abuse its discretion by dismissing…
2Cases cited30 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972
- Shamblin v. BrattainCalifornia Supreme Court · 1988
- Canifax v. Hercules Powder Co.California Court of Appeal · 1965
- Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
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3Cited by12 opinions
- Ringler Associates Inc. v. Maryland Casualty Co.California Court of Appeal · 2000
- Couveau v. American Airlines, Inc.Court of Appeals for the Ninth Circuit · 2000
- Feduniak v. California Coastal CommissionCalifornia Court of Appeal · 2007
- DRG/Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe and Takeout III, Ltd.California Court of Appeal · 1994
- Baldwin v. National College, a Division of Dlorah, Inc.South Dakota Supreme Court · 1995
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