Legal Opinion
McMahan's of Long Beach v. McMahan Service Corp.
California Court of Appeal
Decided November 2, 1956No. Civ. 21846PublishedCited by 8 opinions
1Opinion of the CourtFox, J.
In July, 1952, plaintiff brought this action to enjoin defendants from using plaintiff’s trade name, or any simulation thereof, and for damages. The trial court issued a temporary injunction. An appeal was taken but it was later dismissed.
The case not having been brought to trial, the defendants, in March, 1955, moved to dismiss the action for lack of prosecution. Neither the notice of motion nor the affidavit made any reference to costs. The motion was granted on March 23d without an appearance in opposition. The minute order, which was entered on March 25th, did not expressly award costs to…
2Cases cited11 opinions
- Estate of GoldbergCalifornia Supreme Court · 1938
- Fisher v. EckertCalifornia Court of Appeal · 1949
- Spinks v. Superior Court of Los AngelesCalifornia Court of Appeal · 1915
- Harman v. CabanissCalifornia Supreme Court · 1929
- Merlino v. Fresno MacAroni Manufacturing Co.California Court of Appeal · 1946
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3Cited by8 opinions
- deSaulles v. Community Hospital of the Monterey PeninsulaCalifornia Supreme Court · 2016
- Perko's Enterprises, Inc. v. RRNS ENTERPRISESCalifornia Court of Appeal · 1992
- Jimenez v. City of OxnardCalifornia Court of Appeal · 1982
- City of Industry v. GordonCalifornia Court of Appeal · 1972
- Miles California Co. v. HawkinsCalifornia Court of Appeal · 1959
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