Legal Opinion

Mathews Cadillac, Inc. v. Phoenix of Hartford Insurance

California Court of Appeal

Decided February 26, 1979No. Civ. 16634PublishedCited by 12 opinions

1Opinion of the Court

Opinion

STANIFORTH, J.

Mathews Cadillac, Inc. (Mathews) appeals from an order and judgment of dismissal made pursuant to Code of Civil Procedure section 581a 1 for failure to have its judgment entered within three years after service of summons on defendant where no answer had been filed. On March 16, 1971, Mathews filed its complaint for breach of contract, breach of warranty, negligence and property damage naming seven defendants including, inter alia, V.P. Construction, Inc. (V.P.) and Larry S. Carroll, as administrator with will annexed of the estate of Vincent R. Provenzano, deceased…

2Cases cited11 opinions

  1. Hill v. HardingSupreme Court of the United States · 1889
  2. Miller v. CollinsSupreme Court of Missouri · 1931
  3. Levy v. Superior CourtCalifornia Court of Appeal · 1925
  4. Jennings v. WardCalifornia Court of Appeal · 1931
  5. In the Matter of General Steel Tank Company, Inc., Bankrupt. Merritt-Holland Welding Suplies, Inc. v. General Steel Tank Company, Inc.Court of Appeals for the Fourth Circuit · 1973

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3Cited by12 opinions

  1. Nationwide Insurance v. Superior CourtCalifornia Court of Appeal · 1982
  2. Green v. Travelers Indemnity Co.California Court of Appeal · 1986
  3. McKee v. National Union Fire InsuranceCalifornia Court of Appeal · 1993
  4. Williams v. Transport Indemnity Co.California Court of Appeal · 1984
  5. Morrow v. Torrance Bank (In Re Morrow)United States Bankruptcy Court, C.D. California · 1995

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