Legal Opinion
Pollock v. Standard Oil Co.
California Court of Appeal
Decided November 24, 1967No. Civ. 23268PublishedCited by 3 opinions
1Opinion of the CourtDraper, P. J.
Can a court, after denying motion for new trial but within the period allowed for passing upon that motion, vacate the denial on a motion under Code of Civil Procedure, section 473? That is our question.
Although distracting, chronology seems required. In this action for personal injuries, the jury returned a verdict for plaintiff by 9 to 3 vote, with juror Burns voting with the majority. Judgment was entered June 10, 1965, and notice of entry was served on defendant June 11. Defendant’s notice of intention to move for new trial was served and filed June 21. Irregularity in proceedings of the…
2Cases cited14 opinions
- Boynton v. McKalesCalifornia Court of Appeal · 1956
- Drinkhouse v. Van NessCalifornia Supreme Court · 1927
- Harth v. Ten EyckCalifornia Supreme Court · 1941
- Kollert v. CundiffCalifornia Supreme Court · 1958
- Williams v. BridgesCalifornia Court of Appeal · 1934
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3Cited by3 opinions
- Clemens v. Regents of University of CaliforniaCalifornia Court of Appeal · 1971
- Jones v. SieveCalifornia Court of Appeal · 1988
- Burns v. 20th Century InsuranceCalifornia Court of Appeal · 1992