Legal Opinion
Ippolito v. Mun. Court for Los Angeles Judicial Dist. of L.A. Cty.
California Court of Appeal
Decided March 1, 1977No. Civ. 48734PublishedCited by 15 opinions
1Opinion of the Court
Opinion
STEPHENS, J.
Appellant, Andrew Ippolito, petitions this court to overturn the order of the superior court denying his petition for a writ of mandate to compel the dismissal of an action brought against him in the municipal court. The disposition of this appeal involves the novel question as to whether the period during which a default and a default judgment is in effect against a party tolls the three-year period for service and return of summons under section 581a of the Code of Civil Procedure. At appellant’s urging, we answer in the negative.
Facts
On September 24, 1969, Donald B. Ward…
2Cases cited8 opinions
- Christin v. Superior CourtCalifornia Supreme Court · 1937
- Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
- Busching v. Superior CourtCalifornia Supreme Court · 1974
- People v. Kings County Development Co.California Court of Appeal · 1920
- Fannin Corp. v. Superior CourtCalifornia Court of Appeal · 1974
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3Cited by15 opinions
- Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk LinesCourt of Appeals for the Ninth Circuit · 1980
- Hocharian v. Superior CourtCalifornia Supreme Court · 1981
- Hughes v. KimbleCalifornia Court of Appeal · 1992
- Dale v. ITT Life Ins. Corp.California Court of Appeal · 1989
- Ostrus v. PriceCalifornia Court of Appeal · 1978
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