Bartel

World Wide Imports, Inc. v. Bartel

Good Law
145 Cal. App. 3d 1006·193 Cal. Rptr. 830·1983 Cal. App. LEXIS 2040
Court of Appeal of CaliforniaAugust 15, 1983Civ. 51811California2,476 words

Opinion

Opinion

Caldecott, J.

This is an appeal from an order denying motion to vacate a sister state money judgment.

The parties to the action are plaintiff World Wide Imports, Inc., a Washington corporation (hereinafter respondent), engaged in selling wholesale jewelry, and defendants Peggy Bartel and Harry Glassman, California residents (hereafter appellants), in the business of buying wholesale jewelry.

In 1977 and 1978, appellants bought jewelry on credit from respondent in Seattle, Washington. When they refused to pay the purchase price, on October 5, 1978, respondent brought an action against them in the Superior Court of King County, State of Washington, alleging that in violation of the contract, appellants failed to pay the agreed upon price of $18,286.45.

On December 28, 1978, the matter was set for trial for September 27, 1979. The same day the parties signed a “Stipulation for Agreed Setting,” stating that the “case is Nonjury.” In Washington, the right to jury trial is preserved only if, at the time of filing the “Stipulation for Agreed Setting,” a written demand for jury is filed and a jury fee is deposited by the party (Wash. Civ. Rules for Super. Ct., rule 38(b); see also Wash.…

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