Legal Opinion

Allen v. Pitchess

California Court of Appeal

Decided December 27, 1973No. Civ. 41902PublishedCited by 7 opinions

1Opinion of the Court

Opinion

THOMPSON, J.

In this appeal from a judgment pursuant to Code of Civil Procedure section 535 on an undertaking on a temporary restraining order given by appellant Surety, appellant contends: (1) the amount of damages awarded by the trial court is not supported by substantial evidence and an award of prejudgment interest is erroneous; (2) respondents who recovered the judgment are not beneficiaries of the undertaking and hence lack capacity to sue upon it; (3) respondents’ claim is barred by the statute of limitations; and (4) the trial court erred in awarding respondents sanctions,…

2Cases cited10 opinions

  1. Hillman v. StultsCalifornia Court of Appeal · 1968
  2. Signal Oil & Gas Co. v. Ashland Oil & Refining Co.California Supreme Court · 1958
  3. Mason v. United States Fidelity & Guaranty Co.California Court of Appeal · 1943
  4. Russell v. United Pacific InsuranceCalifornia Court of Appeal · 1963
  5. Vaca v. Southern Pacific Co.California Court of Appeal · 1928

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3Cited by7 opinions

  1. Monogram Industries, Inc. v. Sar Industries, Inc.California Court of Appeal · 1976
  2. Smith v. Circle P Ranch Co.California Court of Appeal · 1978
  3. On v. Cow Hollow PropertiesCalifornia Court of Appeal · 1990
  4. City of South San Francisco v. Cypress Lawn Cemetery Ass'nCalifornia Court of Appeal · 1992
  5. Board of Medical Examiners v. Terminal-Hudson Electronics, Inc.California Court of Appeal · 1977

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