Legal Opinion

Muccianti v. Willow Creek Care Center

California Court of Appeal

Decided April 23, 2003No. F038524PublishedCited by 8 opinions

1Opinion of the Court

Opinion

WISEMAN, J.

This case addresses application of Code of Civil Procedure section 128, subdivision (a)(8), 1 in the context of a request to vacate a multimillion-dollar verdict against a health care facility. The parties appear to assume that their request unquestionably will be granted and that we will give our judicial blessing to what is, for all practical purposes, a stipulated reversal. This assumption is based upon the parties’ apparent belief that the judgment belongs solely to them to use in a manner that is in their best interests. What they fail to recognize is that under section…

2Cases cited6 opinions

  1. U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
  2. Neary v. Regents of University of CaliforniaCalifornia Supreme Court · 1992
  3. County of Fresno v. SheltonCalifornia Court of Appeal · 1998
  4. Norman I. Krug Real Estate Investments, Inc. v. PraszkerCalifornia Court of Appeal · 1994
  5. Union Bank of California v. Braille Institute of America, Inc.California Court of Appeal · 2001

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

3Cited by8 opinions

  1. Ebensteiner Co., Inc. v. Chadmar GroupCalifornia Court of Appeal · 2006
  2. Larner v. Los Angeles Doctors Hospital Associates, LPCalifornia Court of Appeal · 2008
  3. Hardisty v. HINTON & ALFERTCalifornia Court of Appeal · 2005
  4. Contra Costa Cnty. Children v. J.D. (In re B.D.), California Court of Appeal, 5th District2019
  5. Ebensteiner Co. v. Chadmar GroupCalifornia Court of Appeal · 2006

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

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