Thorne

Thompson, Curtis, Lawson & Parrish v. Thorne

Good Law
1971 Cal. App. LEXIS 1121·21 Cal. App. 3d 797·98 Cal. Rptr. 753
Court of Appeal of CaliforniaDecember 3, 1971Civ. 29969California2,273 words

Opinion

Opinion

Rattigan, J.

This cause originated when plaintiff (a law firm) filed an action against defendant Jacqueline Thome in the Municipal Court for the Sunnyvale-Cupertino Judicial District of Santa Clara County. Plaintiff recovered judgment, whereupon defendant purportedly appealed to the Santa Clara County Superior Court (hereinafter the “superior court”). Plaintiff subsequently moved the superior court for dismissal of the appeal. The court granted the motion, by order stated in a written opinion. Defendant petitioned the court for a rehearing and, pursuant to rule 63(b), requested certification to the Court of Appeal. The superior court denied a rehearing but, granting the request, certified the cause to this court pursuant to rule 63(a). We ordered the cause transferred pursuant to rule 62(a). By reason of this sequence, the merits of respondent’s motion to dismiss are before us; the merits of the appeal are not.

The pertinent facts are stated in the superior court’s opinion. As we have concluded that the opinion correctly disposed of the merits of respondent’s motion to dismiss, we adopt its substance as follows:

The municipal court judgment was entered, and notice of its entry was…

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