Legal Opinion

Herring v. Peterson

California Court of Appeal

Decided March 6, 1981No. Civ. 19239PublishedCited by 12 opinions

1Opinion of the Court

Opinion

WOLTERS, J. *

— Plaintiff John Herring appeals from the trial court’s order of dismissal under Code of Civil Procedure section 583, subdivision (b), 1 for failure to bring the case to trial within five years of filing. We reverse the order.

Facts

On July 26, 1973, 13-year-old Robin Herring was seriously injured in an automobile accident in Trinity County. A complaint for $200,000 in damages was filed in Santa Clara County by her guardian, John Herring (plaintiff), on July 25, 1974. The complaint named Margaret Lavina Peterson as a defendant. On January 26, 1977, Peterson (defendant) moved…

2Cases cited15 opinions

  1. Judson v. LoveCalifornia Supreme Court · 1868
  2. De Leonis v. WalshCalifornia Supreme Court · 1903
  3. Tyrrell v. BaldwinCalifornia Supreme Court · 1885
  4. Phelan v. TylerCalifornia Supreme Court · 1883
  5. Todhunter v. KlemmerCalifornia Supreme Court · 1901

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3Cited by12 opinions

  1. Watts v. CrawfordCalifornia Supreme Court · 1995
  2. Sacks v. FSR Brokerage, Inc.California Court of Appeal · 1992
  3. Johnson v. SimonelliCalifornia Court of Appeal · 1991
  4. Grappo v. McMillsCalifornia Court of Appeal · 2017
  5. Schwenke v. J & P SCOTT, INC.California Court of Appeal · 1988

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