FITZSIMMONS v. JONES

Docket No. 18503.

179 Cal.App.2d 5 (1960)

3 Cal. Rptr. 373

EDWARD R. FITZSIMMONS, Respondent, v. ROY A. JONES et al., Appellants.

Court of Appeals of California, First District, Division One.

March 18, 1960.


Attorney(s) appearing for the Case

Charles M. Stark and Paul W. McComish for Appellants.

Edward R. Fitzsimmons, in pro. per., Louis R. Francis and Hollander & Lipian for Respondent.


TOBRINER, J.

When a pretrial order provides, "The necessary parties are properly before the Court, and the action is at issue as to them," and, further, defines the issues, may the trial court properly render judgment on the pleadings, based upon the inadequacy of the answer? In that circumstance may the aggrieved party obtain relief from the order under Code of Civil Procedure, section 473? Because the pre-trial order controls inconsistent pleadings we have decided...

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