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Legal Opinion

County of Monterey v. Mahabir

California Court of Appeal

Decided July 3, 1991No. H007201PublishedCited by 9 opinions

1Opinion of the Court

Opinion

PREMO, J.

The County of Monterey (hereafter, County) attempts to appeal from an order directing it to pay attorney fees of $500 to defendant Anthony Mahabir’s counsel, Gary E. Gray, pursuant to Code of Civil Procedure section 128.5. A threshold issue is the appealability of this order.

This paternity action, filed in June 1989 by County on behalf of Cynthia Truitt, was voluntarily dismissed with prejudice in March 1990, after a January 1990 blood test to which defendant agreed in June 1989 precluded his paternity. Section 128.5, subdivision (a), authorizes an award of attorney fees…

2Cases cited10 opinions

  1. Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
  2. I. J. Weinrot & Son, Inc. v. JacksonCalifornia Supreme Court · 1985
  3. Ellis v. Roshei Corp.California Court of Appeal · 1983
  4. Trede v. Superior CourtCalifornia Supreme Court · 1943
  5. Caldwell v. Samuels JewelersCalifornia Court of Appeal · 1990

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

3Cited by9 opinions

  1. Powers v. City of RichmondCalifornia Supreme Court · 1995
  2. Rao v. CampoCalifornia Court of Appeal · 1991
  3. Davis v. NadrichCalifornia Court of Appeal · 2009
  4. Austin v. ValverdeCalifornia Court of Appeal · 2012
  5. Powers v. City of RichmondCalifornia Supreme Court · 1995

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

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