Legal Opinion

Kendall v. Barker

California Court of Appeal

Decided January 5, 1988No. A038861PublishedCited by 27 opinions

1Opinion of the Court

Opinion

SMITH, J.

Plaintiff-appellant Harold Kendall appeals from an order of the trial court granting defendant-respondent Ed Barker relief from entry of a default under California Code of Civil Procedure section 473. We reverse.

Background

On May 3, 1985, appellant filed a complaint for damages for breach of employment agreement in Alameda County Superior Court. Allied Investigations, Inc., and Does 1 through 50 were named as defendants. On November 7, 1985, respondent was personally served as “Doe I.” Proof of service was filed with the court on July 14, 1986. On July 18, 1986, appellant’s…

2Cases cited17 opinions

  1. Benjamin v. Dalmo Manufacturing Co.California Supreme Court · 1948
  2. Carroll v. Abbott Laboratories, Inc.California Supreme Court · 1982
  3. Shearman v. JorgensenCalifornia Supreme Court · 1895
  4. Star Motor Imports, Inc. v. Superior CourtCalifornia Court of Appeal · 1979
  5. Knapp v. City of Newport BeachCalifornia Court of Appeal · 1960

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3Cited by27 opinions

  1. Billings v. Health Plan of AmericaCalifornia Court of Appeal · 1990
  2. Cassidy v. California Board of AccountancyCalifornia Court of Appeal · 2013
  3. Truong v. NguyenCalifornia Court of Appeal · 2007
  4. Huh v. WangCalifornia Court of Appeal · 2007
  5. Hopkins & Carley v. GensCalifornia Court of Appeal · 2011

22 more not listed; retrieve them via the Exa API.

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