Legal Opinion
Simon v. Tomasini
California Court of Appeal
Decided April 24, 1950No. Civ. 14213PublishedCited by 7 opinions
1Opinion of the CourtBray, J.
In an action for attorneys’ fees and expenses, the superior court, after judgment in favor of plaintiff in the sum of $100,000 together with interest thereon for over seven years, made an order granting a motion for new trial. Plaintiff appealed from that order.
Question Presented
Where a memorandum of motion to set has been filed and notice of trial given, and thereafter the case is kept upon the ready calendar for a period of almost two years, is defendant entitled to notice of the date finally assigned for trial?
Facts
There is very little dispute as to the facts. On September 15, 1941,…
2Cases cited5 opinions
- Hurley v. Lake CountyCalifornia Court of Appeal · 1931
- Cahill v. VerdierCalifornia Court of Appeal · 1921
- Smith v. HalsteadCalifornia Court of Appeal · 1948
- Lapique v. KelleyCalifornia Court of Appeal · 1927
- Beal v. Superior CourtCalifornia Court of Appeal · 1926
3Cited by7 opinions
- Bird v. McGuireCalifornia Court of Appeal · 1963
- Elliano v. Assurance Co. of AmericaCalifornia Court of Appeal · 1975
- Johnson v. DrewCalifornia Court of Appeal · 1963
- People Ex Rel. Department of Public Works v. BusickCalifornia Court of Appeal · 1968
- Gordon v. GordonCalifornia Court of Appeal · 1956
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