Legal Opinion
Jackson v. De Benedetti
California Court of Appeal
Decided June 20, 1940No. Civ. 11354PublishedCited by 20 opinions
1Opinion of the CourtNourse, P. J.
Plaintiff appeals from an order granting defendants’ motion to dismiss his action for want of diligence in prosecution and from another order denying him relief under section 473 of the Code of Civil Procedure from the order first appealed from.
The action is one seeking damages for personal injuries arising out of an alleged assault on May 19, 1936. The complaint was filed on May 19, 1937, and summons was served on May 12, 1939. On June 29, 1939, defendants’ motion to dismiss for want of diligence in prosecution was heard upon affidavits filed by them, no counter affidavits having been filed…
2Cases cited8 opinions
- Johnston v. BakerCalifornia Supreme Court · 1914
- Clavey v. LordCalifornia Supreme Court · 1891
- Gray v. Times-Mirror Co.California Court of Appeal · 1909
- Anderson v. NawaCalifornia Court of Appeal · 1914
- Ferris v. WoodCalifornia Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Berri v. Superior CourtCalifornia Supreme Court · 1955
- Black Bros. Co. v. Superior CourtCalifornia Court of Appeal · 1968
- Thran v. First Judicial District CourtNevada Supreme Court · 1963
- Bonelli v. ChandlerCalifornia Court of Appeal · 1958
- Harris v. HarrisNevada Supreme Court · 1948
15 more not listed; retrieve them via the Exa API.