Legal Opinion
Misic v. Segars
California Court of Appeal
Decided August 15, 1995No. B080663PublishedCited by 9 opinions
1Opinion of the Court
Opinion
ORTEGA, Acting P. J.
The question presented is whether an order setting aside a default judgment qualifies as a “new trial” order for purposes of Code of Civil Procedure section 583.320, which provides a three-year period within which to again bring the matter to trial when a new trial is granted by the trial court or ordered by an appellate court. We conclude it does not.
Plaintiffs/appellants filed their complaint on May 24, 1985, “for cancellation of deed and to [quiet] title to real property; for money, fraud, breach of contract.” The clerk’s default was entered nearly five years…
2Cases cited16 opinions
- Ewing v. Cloverleaf BowlCalifornia Supreme Court · 1978
- Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc.California Court of Appeal · 1984
- Brunzell Construction Co. v. WagnerCalifornia Supreme Court · 1970
- City of Pasadena v. Superior CourtCalifornia Supreme Court · 1931
- Don v. CruzCalifornia Court of Appeal · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Eliceche v. FEDERAL LAND BANK ASSOCIATIONCalifornia Court of Appeal · 2002
- Barker v. Di Lando CA1/2California Court of Appeal · 2020
- Bielous v. Ngai CA1/2California Court of Appeal · 2020
- Bielous v. Ngai CA1/2California Court of Appeal · 2020
- Myers v. Cresson CA1/4California Court of Appeal · 2016
4 more not listed; retrieve them via the Exa API.