1. Home
  2. Browse Decisions
  3. Cal.App.3d
  4. 53 Cal.App.3d
  5. 53 Cal.App.3d 398 (1975)
 

YOAKUM v. SMALL CLAIMS COURT

Docket No. 45940.

53 Cal.App.3d 398 (1975)

125 Cal. Rptr. 882

MICHAEL E. YOAKUM, Plaintiff and Respondent, v. SMALL CLAIMS COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Appellant; BENITO TOSTADO, JR., et al., Real Parties in Interest and Respondents.

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

December 2, 1975.

Attorney(s) appearing for the Case

COUNSEL

John H. Larson, County Counsel, and Eugenia B. Maxwell, Deputy County Counsel, for Defendant and Appellant.

Iverson, Yoakum, Papiano & Hatch and F.B. Yoakum, Jr., for Plaintiff and Respondent.

No appearance for Real Parties in Interest and Respondents.

OPINION

THOMPSON, J.

The case at bench presents the issue of the propriety of review by certiorari and mandamus of action of a small claims court adverse to a plaintiff's motion for relief from default pursuant to Code of Civil Procedure section 473. We conclude that mandamus is appropriate to compel the small claims court to hear from the plaintiff on the motion but not to review factual determinations on the motion after an adequate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases