Legal Opinion
Laguna Village, Inc. v. Laborers' International Union of North America
California Supreme Court
Decided December 15, 1983No. L.A. 31806PublishedCited by 24 opinions
1Opinion of the Court
Opinion
MOSK, J.
We consider in this case whether a motion for relief from default was improperly denied by the trial court, We conclude that the court erred in so ruling because it failed to recognize that a motion to dismiss, timely filed in federal court following removal of the case from state court and prior to remand, constitutes a responsive pleading to the state complaint. We therefore reverse the order declining to set aside the default judgment. (Code Civ. Proc., § 473.)
In 1981, Laguna Village, Inc. (plaintiff) was developing a large tract of land in Laguna Hills, California. With the…
2Cases cited20 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Ayres v. WiswallSupreme Court of the United States · 1884
- Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
- Bambridge v. WestermanCalifornia Supreme Court · 1968
- Hopson v. North American Ins. Co.Idaho Supreme Court · 1951
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3Cited by24 opinions
- Krinsky v. Doe 6California Court of Appeal · 2008
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- Barragan v. Banco BchCalifornia Court of Appeal · 1986
- Crawford v. Morris Transp., Inc.Mississippi Supreme Court · 2008
- Delaney v. Superior Fast FreightCalifornia Court of Appeal · 1993
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