Legal Opinion
Higgins v. Superior Court of San Diego Cnty.
California Court of Appeal, 5th District
Decided September 28, 2017No. D071353PublishedCited by 8 opinions
1Opinion of the CourtO'Rourke, J.
*975Francisca Cabandong filed the underlying action in May 2012 and served Shawn Higgins with a summons and third amended complaint in August 2016. In this writ proceeding, petitioner Higgins challenges the trial court's denial of his motion to dismiss real party in interest Cabandong's lawsuit on the basis that Cabandong failed to serve Higgins with the summons and complaint within three years of the commencement of the action, as required by the mandatory provisions of Code of Civil Procedure section 583.210, subdivision (a).1 In denying Higgins's motion, the court ruled that the three-year…
2Cases cited11 opinions
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Cahill v. San Diego Gas & Electric Co.California Court of Appeal · 2011
- International Engine Parts, Inc. v. Feddersen & Co.California Supreme Court · 1995
- Webster v. Superior CourtCalifornia Supreme Court · 1988
- Cross v. CooperCalifornia Court of Appeal · 2011
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3Cited by8 opinions
- People v. Flint, California Court of Appeal, 5th District2018
- People v. Blessett, California Court of Appeal, 5th District2018
- Inversiones Papaluchi S.A.S. v. Superior Court of L. A. Cnty., California Court of Appeal, 5th District2018
- People v. Veamatahau, California Court of Appeal, 5th District2018
- (HC) Aguilera v. BurtonDistrict Court, E.D. California · 2025
3 more not listed; retrieve them via the Exa API.