LAGUNA VILLAGE v. LABORERS' INTERNAT. UNION OF N.A.

Docket No. L.A. 31806.

35 Cal.3d 174 (1983)

672 P.2d 882

197 Cal. Rptr. 99

LAGUNA VILLAGE, INC., Plaintiff and Respondent, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL UNION NO. 652, AFL-CIO, Defendant and Appellant.

Supreme Court of California.

December 15, 1983.


Attorney(s) appearing for the Case

COUNSEL

Julius Reich, Anthony R. Segall and Reich, Adell & Crost for Defendant and Appellant.

Richard M. Freeman, Elise C. Chaffin, Albert T. Harutunian III and Luce, Forward, Hamilton & Scripps for Plaintiff and Respondent.


OPINION

MOSK, J.

We consider in this case whether a motion for relief from default was improperly denied by the trial court. (1a) We conclude that the court erred in so ruling because it failed to recognize that a motion to dismiss, timely filed in federal court following removal of the case from state court and prior to remand, constitutes a responsive pleading to the state...

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