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SMITH v. SUPERIOR COURT

Docket No. 39765.

64 Cal.App.3d 434 (1976)

134 Cal. Rptr. 531

PAULINE SMITH, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; LINDA POWELL, Real Party in Interest.

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

December 2, 1976.

Attorney(s) appearing for the Case

COUNSEL

Jageman & McGraw and William E. Jageman for Petitioner.

No appearance for Respondent.

Fabris & Ring and David D. Ring for Real Party in Interest.

OPINION

EMERSON, J.*

In this opinion, petitioner will be referred to as defendant, and the real party in interest as plaintiff.

In a jury trial below, plaintiff was awarded a judgment of $2,100 in an action for damages for personal injuries. Neither party moved for a new trial within the 15-day period allowed for such motion. (Code Civ. Proc., §§ 659, 663a.)1

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