Legal Opinion
Smith v. Superior Court
California Court of Appeal
Decided December 2, 1976No. Civ. 39765PublishedCited by 4 opinions
1Opinion of the Court
Opinion
EMERSON, J. *
In this opinion, petitioner will be referred to as defendant, and the real party in interest as plaintiff.
In a jury trial below, plaintiff was awarded a judgment of $2,100 in an action for damages for personal injuries. Neither party moved for a new trial within the 15-day period allowed for such motion. (Code Civ. Proc., §§ 659, 663a.)
Because defendant had made an offer before trial to allow judgment to be taken against her in the amount of $4,000, she moved to tax certain costs claimed by plaintiff. (See § 998.) At the hearing on this motion, the court announced, without…
2Cases cited7 opinions
- Ellis v. KlaffCalifornia Court of Appeal · 1950
- Ransome-Crummey Co. v. Superior CourtCalifornia Supreme Court · 1922
- Diamond v. Superior CourtCalifornia Supreme Court · 1922
- Jacuzzi v. Jacuzzi Bros., Inc.California Court of Appeal · 1966
- Quevedo v. Superior CourtCalifornia Court of Appeal · 1933
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3Cited by4 opinions
- Sanchez-Corea v. Bank of AmericaCalifornia Supreme Court · 1985
- Ehrler v. EhrlerCalifornia Court of Appeal · 1981
- Wagner v. SingletonCalifornia Court of Appeal · 1982
- Sanchez-Corea v. Bank of AmericaCalifornia Supreme Court · 1985