Legal Opinion
Smith v. Herzer
California Court of Appeal
Decided March 18, 1969No. Civ. 907PublishedCited by 11 opinions
1Opinion of the CourtConley, P. J.
The plaintiff appeals from a judgment of dismissal entered by the trial judge on motion pursuant to section 581a of the Code of Civil Procedure; that section, on its face, requires the dismissal of an action in which the defendant is not served and the return of summons filed within three years from the commencement of an action unless plaintiff shows (1) that there was an agreement between the parties extending the said period, or (2) that the defendant was absent from the state during part of the time, with the total period of such absences added to the three-year period, or (3) that the…
2Cases cited15 opinions
- Olivera v. GraceCalifornia Supreme Court · 1942
- Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
- Davis v. HartCalifornia Supreme Court · 1899
- Modoc Land & Livestock Co. v. Superior CourtCalifornia Supreme Court · 1900
- Flamer v. Superior CourtCalifornia Court of Appeal · 1968
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3Cited by11 opinions
- Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
- Hocharian v. Superior CourtCalifornia Supreme Court · 1981
- Highlands Inn, Inc. v. GurriesCalifornia Court of Appeal · 1969
- Knapp v. Superior Court of San Mateo CountyCalifornia Court of Appeal · 1978
- Ostrus v. PriceCalifornia Court of Appeal · 1978
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