GONZALES v. NORK

Docket No. S.F. 23544.

20 Cal.3d 500 (1978)

573 P.2d 458

143 Cal. Rptr. 240

ALBERT GONZALES, Plaintiff and Respondent, v. JOHN G. NORK, Defendant and Appellant.

Supreme Court of California.

January 17, 1978.


Attorney(s) appearing for the Case

COUNSEL

Hardy, Erich & Brown, William A. Wilson and John F. Harper for Defendant and Appellant.

Freidberg & Mart and Edward Freidberg for Plaintiff and Respondent.


OPINION

TOBRINER, Acting C.J.

Defendant Nork alone appeals from a judgment for plaintiff, contending inter alia that the trial court abused its discretion in denying his motion for relief from waiver of jury trial. Codefendant Mercy Hospital, the only party to claim the jury, waived jury trial in the early afternoon of July 23, 1973; Nork did not move for relief from jury waiver until the following morning. As a result of this delay...

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