Legal Opinion
Reber v. Superior Court
California Court of Appeal
Decided March 2, 1961No. Civ. 19641PublishedCited by 3 opinions
1Opinion of the CourtDuniway, J.
Petition for a writ of mandate or prohibition to compel dismissal of an appeal from the municipal court or to prevent further proceedings therein. Because the appeal was filed too late, the petition must be granted.
Muller, the real party in interest, was plaintiff in the municipal court. According to the petition, judgment against him was entered on May 24,1956. On July 30, he filed a notice of motion for a new trial. This was 67 days after entry of judgment. The motion for a new trial was denied by operation of law (Code Civ. Proc., § 660) not later than September 28. On October 11, notice…
2Cases cited11 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- Estate of Hanley v. HanleyCalifornia Supreme Court · 1943
- Costa v. Regents of University of CaliforniaCalifornia Court of Appeal · 1951
- Kientz v. HarrisCalifornia Court of Appeal · 1953
- King v. WilsonCalifornia Court of Appeal · 1950
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3Cited by3 opinions
- Mills v. Superior CourtCalifornia Court of Appeal · 1969
- Micalizio v. MicalizioCalifornia Court of Appeal · 1988
- AvalonBay Communities, Inc. v. County of Los AngelesCalifornia Court of Appeal · 2011