Legal Opinion

Todd v. Thrifty Corp.

California Court of Appeal

Decided April 6, 1995No. B081426PublishedCited by 21 opinions

1Opinion of the Court

Opinion

MASTERSON, J.

After the trial court dismissed her case for failure to comply with a discovery order, plaintiff moved to vacate the dismissal under Code of Civil Procedure section 473. In support of the motion, plaintiff’s counsel submitted a declaration stating that plaintiff’s ill health and other personal problems were the primary reasons for not complying with the order. The trial court found that those reasons did not constitute excusable neglect and tentatively decided to deny the motion. However, plaintiff’s counsel then filed a supplemental declaration stating, contrary to the…

2Cases cited4 opinions

  1. Deyo v. KilbourneCalifornia Court of Appeal · 1978
  2. Billings v. Health Plan of AmericaCalifornia Court of Appeal · 1990
  3. Hoover Community Hotel Development Corp. v. ThomsonCalifornia Court of Appeal · 1985
  4. Rogalski v. Nabers CadillacCalifornia Court of Appeal · 1992

3Cited by21 opinions

  1. Yeap v. LeakeCalifornia Court of Appeal · 1997
  2. Lang v. HochmanCalifornia Court of Appeal · 2000
  3. SOLV-ALL v. Superior CourtCalifornia Court of Appeal · 2005
  4. Huens v. TatumCalifornia Court of Appeal · 1997
  5. Lorenz v. Commercial Acceptance InsuranceCalifornia Court of Appeal · 1995

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