Legal Opinion
Gardner v. Superior Court
California Court of Appeal
Decided June 12, 1986No. D004506PublishedCited by 16 opinions
1Opinion of the Court
Opinion
KREMER, P. J.
Virginia M. Gardner petitions for writ of mandate to set aside the superior court order vacating her default judgment against real parties Arthur K. and Barbara L. Statt. The trial judge exercised no discretion but instead expressed the opinion he was compelled by this court and by the judicial system in general to vacate the default. We issue the writ of mandate and direct the trial court to exercise its discretion.
Gardner sued the Statts for the unpaid principal balance of about $13,926 on a promissory note, plus interest, attorney fees, and costs. The Statts answered…
2Cases cited10 opinions
- Ungar v. SarafiteSupreme Court of the United States · 1964
- Wheeler v. St. Joseph HospitalCalifornia Court of Appeal · 1976
- Goodenough v. Superior CourtCalifornia Court of Appeal · 1971
- United Nuclear Corp. v. Superior CourtCalifornia Court of Appeal · 1980
- People v. JohnsonCalifornia Court of Appeal · 1970
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Garcia v. HejmadiCalifornia Court of Appeal · 1997
- Truck Insurance Exchange v. Fireman's Fund InsuranceCalifornia Court of Appeal · 1992
- Gilberd v. AC TRANSITCalifornia Court of Appeal · 1995
- Billings v. Health Plan of AmericaCalifornia Court of Appeal · 1990
- Hopkins & Carley v. GensCalifornia Court of Appeal · 2011
11 more not listed; retrieve them via the Exa API.