Legal Opinion
Dunsmuir Masonic Temple v. Superior Court
California Court of Appeal
Decided October 16, 1970No. Civ. 12677PublishedCited by 38 opinions
1Opinion of the Court
Opinion
PIERCE, P. J.
A petition for writ of mandate was filed in this court following denial by the superior court of petitioner’s motion to dismiss a personal injury action for failure to prosecute within two years.
Petitioner’s sole contention herein is that the trial court abused its discretion in failing to grant the motion to dismiss.
The injury complained of occurred on February 16, 1966. On February 16, 1967, a complaint was filed on behalf of the real party in interest, Melba Miller, against defendant, Dunsmuir Masonic Temple. Summons was served three days short of three years later. On…
2Cases cited13 opinions
- Denham v. Superior CourtCalifornia Supreme Court · 1970
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Daley v. County of ButteCalifornia Court of Appeal · 1964
- General Motors Corp. v. Superior CourtCalifornia Supreme Court · 1966
- Black Bros. Co. v. Superior CourtCalifornia Court of Appeal · 1968
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Hurtado v. Statewide Home Loan Co.California Court of Appeal · 1985
- Lopez v. LarsonCalifornia Court of Appeal · 1979
- City of Los Angeles v. Gleneagle Development Co.California Court of Appeal · 1976
- Gorman v. HolteCalifornia Court of Appeal · 1985
33 more not listed; retrieve them via the Exa API.