Marr

Marr v. City of Glendale

Good Law
1919 Cal. App. LEXIS 263·39 Cal. App. 596·179 P. 712
Court of Appeal of CaliforniaFebruary 5, 1919Civ. No. 2792.California581 words

Opinion

Lead Opinion

Shaw, J.

Plaintiff appeals from an order of court denying her motion to vacate a judgment rendered against her upon the trial of an action.

The motion purports to have been made pursuant to the provisions of section 473 of the Code of Civil Procedure, and is based upon the ground of mistake, surprise, and excusable neglect, in support of which, other than the records and files, plaintiff offered affidavits.

As disclosed by the record, it appears that pending trial of the action the court made an order granting defendants leave to amend their answer by denying certain allegations of the complaint. Assuming the amendments to be made and after certain evidence was received thereunder, defendants withdrew their motion to amend and elected to stand upon their answer as made. Thereupon the • court set aside the order permitting the amendment. The trial proceeded to completion, when findings were made adverse to the plaintiff and judgment rendered thereon for defendants.

From what we are able to glean from the confused statement of plaintiff, who appears in p^'opria persona, she claims to have been prejudiced by the ruling of the court in permitting the amendment, thus raising new issues, to…

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