Legal Opinion

Matera v. McLeod

California Court of Appeal

Decided November 22, 2006No. B186714PublishedCited by 21 opinions

1Opinion of the Court

Opinion

CROSKEY, J.

James McLeod and Carolyn Minium appeal a default judgment and the denial of their motion for relief from the defaults and default judgment. Defendants moved for relief under Code of Civil Procedure section 473, subdivision (b) 1 based on their attorney’s neglect in failing to comply with a discovery order and failing to oppose a motion for a terminating sanction. On appeal, they contend plaintiffs failed to provide actual notice of the amounts of compensatory and punitive damages requested a reasonable time before the defaults were entered and therefore are not entitled to…

2Cases cited43 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  3. California Teachers Ass'n v. Governing Board of Rialto Unified School DistrictCalifornia Supreme Court · 1997
  4. Coalition of Concerned Communities, Inc. v. City of Los AngelesCalifornia Supreme Court · 2004
  5. Hassan v. Mercy American River HospitalCalifornia Supreme Court · 2003

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3Cited by21 opinions

  1. City of Santa Monica v. GonzalezCalifornia Supreme Court · 2008
  2. Concepcion v. Amscan Holdings, Inc.California Court of Appeal · 2014
  3. Stein v. YorkCalifornia Court of Appeal · 2010
  4. Dhawan v. BiringCalifornia Court of Appeal · 2015
  5. People v. ByronCalifornia Court of Appeal · 2009

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