Gardenswartz v. Equitable Life Assurance Society
Appellate Division of the Superior Court of California
1Opinion of the CourtShaw, P. J.
Plaintiff made a motion for summary judgment under section 437c of the Code of Civil Procedure, which provides in part as follows: “when an answer is filed, . . . if it is claimed that there is no defense to the action, on motion of the plaintiff, . . . supported by affidavit of any person or persons having knowledge of the facts, the answer may be stricken out and judgment may be entered, in the discretion of the court, unless the defendant, by affidavit or affidavits, shall show such facts as may be deemed by the judge hearing the motion sufficient to entitle him to defend”. In support of…
2Cases cited15 opinions
- United States v. SpauldingSupreme Court of the United States · 1935
- Welch v. AlcottCalifornia Supreme Court · 1921
- Alpers v. BlissCalifornia Supreme Court · 1904
- People v. CrossanCalifornia Court of Appeal · 1927
- Ambassador Petroleum Co. v. Superior CourtCalifornia Supreme Court · 1930
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3Cited by7 opinions
- Southern Pacific Co. v. FishCalifornia Court of Appeal · 1958
- Family Service Agency of Santa Barbara v. AmesCalifornia Court of Appeal · 1958
- Dryer v. DryerCalifornia Court of Appeal · 1964
- Callahan v. Chatsworth Park, Inc.California Court of Appeal · 1962
- People v. WepploAppellate Division of the Superior Court of California · 1947
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