IPPOLITO v. MUNICIPAL COURT

Docket No. 48734.

67 Cal.App.3d 682 (1977)

136 Cal. Rptr. 795

ANDREW V. IPPOLITO, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; DONALD B. WARD, Real Party in Interest and Respondent.

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

March 1, 1977.


Attorney(s) appearing for the Case

COUNSEL

Martin S. Friedlander for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Earle Gary Goodman for Real Party in Interest and Respondent.


OPINION

STEPHENS, J.

Appellant, Andrew Ippolito, petitions this court to overturn the order of the superior court denying his petition for a writ of mandate to compel the dismissal of an action brought against him in the municipal court. The disposition of this appeal involves the novel question as to whether the period during which a default and a default judgment is in effect against a party tolls the three-year period for service...

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