Legal Opinion
Davis v. Kay
California Court of Appeal
Decided October 17, 1973No. Civ. 41357PublishedCited by 2 opinions
1Opinion of the Court
Opinion
ROTH, P. J.
Appellant and plaintiff Allen V. C. Davis appeals from an order setting aside a summary judgment against respondents-defendants Jeff S. Kay, Evelyn N. Kay and David J. Kay.
On March 8, 1972, appellant sued respondents for money past due on a note. Respondents were served two days later. On April 26, 1972, no answer having been filed, a default judgment was entered. On May 23, 1972, respondents, on grounds of excusable neglect attributable to their attorneys’ secretary, moved for relief under Code of Civil Procedure section 473. Respondents’ motion was supported by a…
2Cases cited5 opinions
- Shearman v. JorgensenCalifornia Supreme Court · 1895
- Price v. HibbsCalifornia Court of Appeal · 1964
- Moreno v. VenturiniCalifornia Court of Appeal · 1969
- Victor Power and Mining Co. v. ColeCalifornia Court of Appeal · 1909
- H. A. Pulaski, Inc. v. Abbey Contractor Specialties, Inc.California Court of Appeal · 1969
3Cited by2 opinions
- Gardner v. Superior CourtCalifornia Court of Appeal · 1986
- Bulmash v. DavisCalifornia Supreme Court · 1979