Legal Opinion

Lyons v. Wickhorst

California Supreme Court

Decided December 1, 1986No. L.A. 31991PublishedCited by 28 opinions

1Opinion of the Court

Opinion

BIRD, C. J.

Does a trial court exceed its authority when it dismisses a plaintiff’s action with prejudice because no evidence was presented at a court-ordered arbitration?

I

In June of 1980, appellant Edward Lyons filed a lawsuit against respondent Erwin Wickhorst seeking actual, compensatory, and punitive damages for unlawful arrest and false imprisonment.1 Since appellant did not seek dam*914ages in excess of $25,000, the trial court ordered mandatory arbitration pursuant to Code of Civil Procedure section 1141.11.2

The first arbitration hearing was set for November of 1982. Immediately…

2Cases cited21 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. Industrial Building Materials, Inc. v. Interchemical CorporationCourt of Appeals for the Ninth Circuit · 1971
  3. Daley v. County of ButteCalifornia Court of Appeal · 1964
  4. Raymond MOORE, Appellant, v. ST. LOUIS MUSIC SUPPLY COMPANY, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1976
  5. Linda Roberta POND, Plaintiff-Appellant, v. BRANIFF AIRWAYS, INCORPORATED, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972

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3Cited by28 opinions

  1. Atkinson v. Elk CorporationCalifornia Court of Appeal · 2003
  2. Stephen Slesinger, Inc. v. Walt Disney Co.California Court of Appeal · 2007
  3. People v. McCloudCalifornia Court of Appeal · 2013
  4. People v. LockwoodCalifornia Court of Appeal · 1998
  5. State Farm Mutual Automobile Insurance v. Superior CourtCalifornia Court of Appeal · 1989

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