Legal Opinion
Rosenthal v. Garner
California Court of Appeal
Decided May 10, 1983No. Civ. 66008PublishedCited by 10 opinions
1Opinion of the Court
Opinion
SCHAUER, P. J.
The principal question asked is whether an attorney’s knowledge of the existence of a newly filed lawsuit (against his client) arising out of old litigation in which he represented the client should be imputed to the client under agency principles so that the client is deemed to have had “actual notice” under Code of Civil Procedure section 473.5. We answer in the negative and reverse the trial court’s order denying defendant’s motion to set aside the default and default judgment taken by plaintiff respondents against defendant appellant.
Duffy is a lawyer, apparently of…
2Cases cited16 opinions
- Daley v. County of ButteCalifornia Court of Appeal · 1964
- Carroll v. Abbott Laboratories, Inc.California Supreme Court · 1982
- Hale v. DepaoliCalifornia Supreme Court · 1948
- Orange Empire National Bank v. KirkCalifornia Court of Appeal · 1968
- People v. ParkCalifornia Court of Appeal · 1978
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3Cited by10 opinions
- JADE K. v. ViguriCalifornia Court of Appeal · 1989
- Olvera v. OlveraCalifornia Court of Appeal · 1991
- Zirbes v. StrattonCalifornia Court of Appeal · 1986
- Ramos v. Homeward Residential, Inc.California Court of Appeal · 2014
- Tunis v. BarrowCalifornia Court of Appeal · 1986
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