Elston v. City of Turlock

Opinion

BIRD, C. J.

Did the trial court abuse its discretion by refusing to grant plaintiffs’ motion under Code of Civil Procedure section 473 to set aside deemed admissions on the ground of excusable neglect?

I

Robert Elston was seriously injured when the motorcycle he was riding collided with an automobile at a traffic intersection in Turlock, California. Elston and his wife filed suit against the City of Turlock, Turlock Irrigation District, the County of Stanislaus, the State of California, and the Pacific Telephone and Telegraph Company, alleging that the design of the intersection…