Legal Opinion

Espinosa v. Gould

California Court of Appeal

Decided May 3, 1920No. Civ. No. 3338PublishedCited by 5 opinions

APPEAL from an order of the Superior Court of Monterey County refusing to change the place of trial. J. A. Bardin, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtWaste, P. J.

This is an appeal by the plaintiff from an order refusing to change the place of trial. Plaintiff, theretofore adjudged to be an incompetent person, brought this action against his guardian and the other defendants, seeking to have the proceedings, whereby he was declared an incompetent, set aside as null and void, and praying for damages in the sum of twenty thousand dollars against defendants Manuel Espinosa and R. C. McComish.

The defendants demurred to the complaint, whereupon the plaintiff filed a motion for a change of place of trial, alleging in his affidavit accompanying the motion a…

2Cases cited3 opinions

  1. Hamaker v. KeatingCalifornia Supreme Court · 1910
  2. Waymire v. California Trona Co.California Supreme Court · 1917
  3. Patterson v. RutherfordCalifornia Court of Appeal · 1919

3Cited by5 opinions

  1. McCormick Saeltzer Co. v. Grizzly Creek Lumber Co.California Court of Appeal · 1925
  2. Ferguson v. Oildale Mutual Water Co.California Court of Appeal · 1926
  3. Oberkotter v. SpreckelsCalifornia Court of Appeal · 1923
  4. Gates v. McPhersonCalifornia Court of Appeal · 1933
  5. Morgan v. NeffAppellate Division of the Superior Court of California · 1934

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