Legal Opinion

Shearer v. Superior Court

California Court of Appeal

Decided June 6, 1977No. Civ. 50030PublishedCited by 19 opinions

1Opinion of the Court

Opinion

FILES, P. J.

This is a mandate proceeding brought under Code of Civil Procedure section 418.10, subdivision (c), to compel the superior court to grant the motion of petitioners (defendants below) to quash service of summons on the ground of lack of jurisdiction over them. The only novel issue here arises from the contention of real party (plaintiff below) that the petition for a writ of mandate, filed here 15 days after notice of the trial court’s ruling had been mailed, was untimely. We hold. that Code of Civil Procedure section 1013 operates to extend the 10 days allowed by section…

2Cases cited5 opinions

  1. Arnesen v. Raymond Lee Organization, Inc.California Court of Appeal · 1973
  2. Sheard v. Superior CourtCalifornia Court of Appeal · 1974
  3. Judd v. Superior CourtCalifornia Court of Appeal · 1976
  4. Nu-Way Associates, Inc. v. KeefeCalifornia Court of Appeal · 1971
  5. Chase v. GlynnCalifornia Court of Appeal · 1973

3Cited by19 opinions

  1. Camper v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1992
  2. Nucal Foods, Inc. v. Quality Egg LLCDistrict Court, E.D. California · 2012
  3. Highland Plastics, Inc. v. EndersAppellate Division of the Superior Court of California · 1980
  4. Mihlon v. Superior CourtCalifornia Court of Appeal · 1985
  5. Citicorp North America, Inc. v. Superior CourtCalifornia Court of Appeal · 1989

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