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DON v. CRUZ

Docket No. 25464.

131 Cal.App.3d 695 (1982)

182 Cal. Rptr. 581

MARGARET DON, Plaintiff and Appellant, v. RAYMOND CRUZ, Defendant and Appellant.

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

May 12, 1982.

Attorney(s) appearing for the Case

COUNSEL

Herbert Hafif and Wayne J. Austero for Plaintiff and Appellant.

Moore, Graves & Madory, Horvitz & Greines, Ellis J. Horvitz and S. Thomas Todd for Defendant and Appellant.

OPINION

THE COURT.*

This appeal raises novel questions about (1) a defendant's right to be relieved from a default taken as a result of the unexcused neglect of the defendant's insurance carrier and (2) the authority of a trial court to entertain a new trial motion after a default judgment.

Plaintiff and defendant were involved in an automobile collision on May 7, 1979. Plaintiff filed her complaint...

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