Legal Opinion

Jahn v. Brickey

California Court of Appeal

Decided May 17, 1985No. Civ. 29074PublishedCited by 16 opinions

1Opinion of the Court

Opinion

CROSBY, J.

In this action by a seller of real property against a real estate agent and broker, we are asked to decide (1) whether, under Code of Civil Procedure section 473, a party may disavow and later amend responses to a request for admissions (Code Civ. Proc., § 2033); (2) if a plaintiff may be permitted to elect between equitable and legal remedies after the jury has returned a verdict; (3) whether damages for emotional distress are recoverable in addition to equitable relief; and (4) whether it was proper to allow amendment of the complaint to conform to proof after verdict. Two…

2Cases cited15 opinions

  1. Crisci v. Security InsuranceCalifornia Supreme Court · 1967
  2. Brandt v. Superior CourtCalifornia Supreme Court · 1985
  3. Gray v. Don Miller & Associates, Inc.California Supreme Court · 1984
  4. Jarchow v. Transamerica Title InsuranceCalifornia Court of Appeal · 1975
  5. Walters v. MarlerCalifornia Court of Appeal · 1978

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Wilcox v. BirtwhistleCalifornia Supreme Court · 1999
  2. Exxess Electronixx v. Heger Realty Corp.California Court of Appeal · 1998
  3. Zellerino v. BrownCalifornia Court of Appeal · 1991
  4. New Albertsons, Inc. v. Superior CourtCalifornia Court of Appeal · 2008
  5. Hae Won Lee v. Bank of AmericaCalifornia Court of Appeal · 1990

11 more not listed; retrieve them via the Exa API.

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