Legal Opinion

Ertman v. Municipal Court

California Court of Appeal

Decided February 20, 1945No. Civ. 12774PublishedCited by 20 opinions

1Opinion of the CourtNourse, P. J.

The petitioner sought a writ of mandate to compel the respondent to issue a writ of execution upon a judgment which was set aside by an order granting a new trial. The petition attacked the validity of the order granting a new trial. The respondent defended the order and raised the separate defense that petitioner had an adequate remedy by appeal. A minute order denying the petition was entered and from this order the petitioner has appealed.

Petitioner as plaintiff had a verdict upon a trial to a jury in the municipal court. The defendants’ motion for a new trial was granted on the ground of…

2Cases cited15 opinions

  1. Spier v. LangCalifornia Supreme Court · 1935
  2. Cox v. Tyrone Power Enterprises Inc.California Court of Appeal · 1942
  3. People v. RuefCalifornia Court of Appeal · 1910
  4. Lincoln v. Superior Court of L.A. Cty.California Supreme Court · 1943
  5. Sipper v. UrbanCalifornia Supreme Court · 1943

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3Cited by20 opinions

  1. Hunt v. Mayor & Council of RiversideCalifornia Supreme Court · 1948
  2. Gray v. WhitmoreCalifornia Court of Appeal · 1971
  3. Dunn v. MUNICIPAL COURT FOR EUREKA JUDICIAL DISTRICTCalifornia Court of Appeal · 1963
  4. Burrus v. Municipal CourtCalifornia Court of Appeal · 1973
  5. Kimberlin v. Los Angeles City High School DistrictCalifornia Court of Appeal · 1953

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