Sampanes v. Chazes
California Court of Appeal
APPEAL from an order of the Superior Court of Sacramento County setting aside a judgment by default and permitting the defendant to answer. Peter J. Shields, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
The appeal is from an order setting aside a judgment by default and permitting the defendant to answer. The motion for said order was based upon the ground of inadvertence, surprise, and excusable neglect. It was supported by an affidavit of defendant and by oral testimony. The proceeding was taken under section 473 of the Code of Civil Procedure, and notice was given within six months of the entry of the default. [1] In the affidavit of defendant it appears that a complete settlement of all the matters in controversy was entered into between respondent and appellant on or about the…
2Cases cited4 opinions
- Alferitz v. CahenCalifornia Supreme Court · 1904
- Fulweiler v. Hog's Back Consolidated Mining Co.California Supreme Court · 1890
- McGowan v. KrelingCalifornia Supreme Court · 1897
- Craig v. San Bernardino Inv. Co.California Supreme Court · 1894
3Cited by8 opinions
- Waybright v. AndersonCalifornia Supreme Court · 1927
- Beard v. BeardCalifornia Supreme Court · 1940
- Greenamyer v. Board of Lugo Elementary School DistrictCalifornia Court of Appeal · 1931
- Salsberry v. JulianCalifornia Court of Appeal · 1929
- Sunru Chang v. Carson Estate Co.California Court of Appeal · 1959
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