Legal Opinion

Toledo v. Superior Court

California Court of Appeal

Decided August 23, 1971No. Civ. No. 29427PublishedCited by 1 opinion

1Opinion of the Court

Opinion

SIMS, J.

Petitioner seeks a peremptory writ of mandate directing the respondent court to issue an order quashing services of summons upon her as administratrix of the estate of a deceased alleged tortfeasor. The real party in interest, who seeks to recover damages for injuries allegedly suf*452fered as a proximate result of the negligence of the decedent has filed a return to an alternative writ of mandate issued by this court.

Petitioner contends that no notice of the pendency of the action in which the summons was issued and ultimately served on her was filed in the probate proceedings, as…

2Cases cited9 opinions

  1. McCorkle v. City of Los AngelesCalifornia Supreme Court · 1969
  2. Johnston v. LongCalifornia Supreme Court · 1947
  3. DeBrincat v. MoganCalifornia Court of Appeal · 1934
  4. Estate of WilcoxCalifornia Court of Appeal · 1945
  5. More v. MoreCalifornia Supreme Court · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Independent Bankers Trust Co. v. Superior CourtCalifornia Court of Appeal · 1982

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API