Legal Opinion
SOLV-ALL v. Superior Court
California Court of Appeal
Decided July 6, 2005No. E037021PublishedCited by 25 opinions
1Opinion of the Court
Opinion
WARD, Acting P. J. —
This is an unremarkable action brought by real party SMS Supermarket Service, Inc. (SMS) against petitioner Solv-All and certain individuals for breach of contract and common counts. After petitioners failed to file timely responses to the complaint, SMS filed a request to enter their default, and default was duly entered on August 26, 2004.
Petitioners then filed a motion for relief, relying on subdivision (b) of the Code of Civil Procedure section 473, and arguing both “excusable neglect” and the “attorney fault” provision. In support of the motion, Attorney Mark…
2Cases cited20 opinions
- Shamblin v. BrattainCalifornia Supreme Court · 1988
- Elston v. City of TurlockCalifornia Supreme Court · 1985
- Zamora v. Clayborn Contracting Group, Inc.California Supreme Court · 2002
- State Farm Fire & Casualty Company v. PietakCalifornia Court of Appeal · 2001
- Johnson v. Pratt & Whitney Canada, Inc.California Court of Appeal · 1994
15 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Blickman Turkus v. Mf Downtown SunnyvaleCalifornia Court of Appeal · 2008
- Heritage Residential Care, Inc. v. Division of Labor Standards EnforcementCalifornia Court of Appeal · 2011
- Huh v. WangCalifornia Court of Appeal · 2007
- Carmel, Ltd. v. TavoussiCalifornia Court of Appeal · 2009
- McClain v. Kissler, California Court of Appeal, 5th District2019
20 more not listed; retrieve them via the Exa API.