Legal Opinion

Krause v. Superior Court

California Court of Appeal

Decided March 9, 1978No. Civ. 19574PublishedCited by 9 opinions

1Opinion of the Court

Opinion

KAUFMAN, J.

In proceedings pursuant to Code of Civil Procedure section 690.31, 1 the Orange County Superior Court granted real party’s application for writ of execution against a dwelling house. The homeowner petitioned this court for a writ of prohibition and/or certiorari to review the propriety of the procedure followed and the validity of the order granting issuance of the writ of execution. We treated the petition as one for mandate and issued an alternative writ and a stay order.

Facts

The facts are not in dispute, having been stipulated to for the most part.

Petitioner, a widow,…

2Cases cited6 opinions

  1. Cal. Drive-In Restaurant Assn. v. ClarkCalifornia Supreme Court · 1943
  2. Penziner v. West American Finance Co.California Supreme Court · 1937
  3. Christy v. Board of SupervisorsCalifornia Supreme Court · 1870
  4. Hammond v. McDonaldCalifornia Court of Appeal · 1939
  5. Boggs v. DunnCalifornia Supreme Court · 1911

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3Cited by9 opinions

  1. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  2. San Diego White Truck Co. v. SwiftCalifornia Court of Appeal · 1979
  3. In Re SanfordDistrict Court, N.D. California · 1981
  4. San Diego County Carpenters Group Insurance v. LoreaCalifornia Court of Appeal · 1980
  5. In Re BouchardUnited States Bankruptcy Court, S.D. California · 1981

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

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