Legal Opinion
Jerry's Shell v. Equilon Enterprises, LLC
California Court of Appeal
Decided December 12, 2005No. B174260PublishedCited by 13 opinions
1Opinion of the Court
Opinion
CURRY, J.
The underlying case was dismissed by the trial court as a sanction for repeated failure to respond to discovery and comply with discovery orders. Several months after terminating sanctions were issued, appellants sought to revive the litigation through a motion for relief from default or dismissal under Code of Civil Procedure section 473, subdivision (b) (section 473(b)). The court denied the motion. We conclude that dismissal was the result of an intentional strategic decision on the part of appellants’ counsel, and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Complaint
Appellants…
2Cases cited13 opinions
- Tiernan v. Trustees of California State University and CollegesCalifornia Supreme Court · 1982
- Eben-King v. KingCalifornia Court of Appeal · 2000
- Yeap v. LeakeCalifornia Court of Appeal · 1997
- Peltier v. McCloud River RailroadCalifornia Court of Appeal · 1995
- English v. Ikon Business Solutions, Inc.California Court of Appeal · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Huh v. WangCalifornia Court of Appeal · 2007
- Standard Microsystems Corp. v. Winbond Electronics Corp.California Court of Appeal · 2009
- Martin Potts & Associates, Inc. v. Corsair, LLCCalifornia Court of Appeal · 2016
- HUH v. WangCalifornia Court of Appeal · 2008
- Pagarigan v. Aetna U.S. Healthcare of California, Inc.California Court of Appeal · 2007
8 more not listed; retrieve them via the Exa API.