Legal Opinion

Zirbes v. Stratton

California Court of Appeal

Decided December 17, 1986No. B017439PublishedCited by 24 opinions

1Opinion of the Court

Opinion

JOHNSON, J.

Appellant William Zirbes appeals an order setting aside a judgment for breach of a restaurant equipment lease against respondent Susan Stratton. The issue on appeal is whether the evidence is sufficient to show Mrs. Stratton was a party in the underlying action. We conclude the trial court lacked jurisdiction over Mrs. Stratton because there was ineffective service of process and appearance on her behalf was unauthorized. Accordingly, we affirm the order setting aside the judgment.

I. Statement of Facts and Proceedings Below

Eugene and Susan Stratton were married in 1974. They…

2Cases cited20 opinions

  1. Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972
  2. San Diego Navy Federal Credit Union v. Cumis Insurance SocietyCalifornia Court of Appeal · 1984
  3. Griffith Co. v. San Diego College for WomenCalifornia Supreme Court · 1955
  4. Westside Community for Independent Living, Inc. v. ObledoCalifornia Supreme Court · 1983
  5. Shoei Kako Co. v. Superior CourtCalifornia Court of Appeal · 1973

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3Cited by24 opinions

  1. Bein v. Brechtel-Jochim Group, Inc.California Court of Appeal · 1992
  2. Tsakos Shipping & Trading, S.A. v. Juniper Garden Town Homes, Ltd.California Court of Appeal · 1993
  3. Lubetzky v. FriedmanCalifornia Court of Appeal · 1991
  4. Enyart v. City of Los AngelesCalifornia Court of Appeal · 1999
  5. Bolkiah v. Superior CourtCalifornia Court of Appeal · 1999

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