Legal Opinion
Peltier v. McCloud River Railroad
California Court of Appeal
Decided May 22, 1995No. C018729PublishedCited by 40 opinions
1Opinion of the Court
Opinion
SIMS, Acting P. J.
The trial court dismissed plaintiff Timothy P. Peltier’s personal injury suit for failure to bring the case to trial within three years (Code Civ. Proc., § 583.410; all further undesignated section references are to this code). He moved for relief under section 473, asserting that his attorney’s decision not to move the case forward until plaintiff’s condition had stabilized constituted mistake or neglect within the meaning of that provision. Denied relief in the trial court, he makes the same contention here. We shall affirm.
Background
On June 28, 1990, plaintiff…
2Cases cited21 opinions
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- Lungren v. DeukmejianCalifornia Supreme Court · 1988
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- Rappleyea v. CampbellCalifornia Supreme Court · 1994
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3Cited by40 opinions
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- Leader v. Health Industries of America, Inc.California Court of Appeal · 2001
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- Yeap v. LeakeCalifornia Court of Appeal · 1997
- English v. Ikon Business Solutions, Inc.California Court of Appeal · 2001
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