Legal Opinion
Dale v. ITT Life Ins. Corp.
California Court of Appeal
Decided January 25, 1989No. G004636PublishedCited by 11 opinions
1Opinion of the Court
Opinion
WALLIN, J.
Robert Dale appeals from an order of dismissal for failure to effect service of process or bring the action to trial within the relevant statutory periods. This appeal raises the question of whether entry of a default and default judgment against a party tolls the three-year period for service.
Our answer to this question is not new; we reach the same conclusion as did the court in Ippolito v. Municipal Court (1977) 67 Cal.App.3d 682 [136 Cal.Rptr. 795], We publish this decision only to breathe new life into Ippolito which was disapproved by the Supreme Court in an opinion…
2Cases cited15 opinions
- Moran v. Superior CourtCalifornia Supreme Court · 1983
- Hocharian v. Superior CourtCalifornia Supreme Court · 1981
- Barrington v. A. H. Robins Co.California Supreme Court · 1985
- Busching v. Superior CourtCalifornia Supreme Court · 1974
- Selby Constructors v. McCarthyCalifornia Court of Appeal · 1979
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hughes v. KimbleCalifornia Court of Appeal · 1992
- Pat Rose Associates v. CoombeCalifornia Court of Appeal · 1990
- Brookview Condominium Owners' Ass'n v. Heltzer Enterprises-BrookviewCalifornia Court of Appeal · 1990
- Bishop v. SilvaCalifornia Court of Appeal · 1991
- Shipley v. SugitaCalifornia Court of Appeal · 1996
6 more not listed; retrieve them via the Exa API.