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DeMELLO v. SOUZA

Docket No. 31217.

36 Cal.App.3d 79 (1973)

111 Cal. Rptr. 274

DOROTHY J. DEMELLO, Individually and as Administratrix with the Will Annexed, etc., Plaintiff and Appellant, v. ARTHUR SOUZA et al., Defendants and Respondents.

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

December 18, 1973.

Attorney(s) appearing for the Case

COUNSEL

Raymond H. Hawkins for Plaintiff and Appellant.

Brundage, Neyhart, Grodin & Beeson and Peter Loring Adomeit for Defendants and Respondents.

OPINION

KANE, J.

In this case we are confronted with strongly competing considerations — one springing from basic equitable principles, the other from pragmatic, legal policies which are essential to the efficient procedural administration of justice.

For reasons which follow, we are persuaded that the latter must prevail, necessitating a reversal of the judgment correcting...

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