ELSTON v. CITY OF TURLOCK

Docket No. S.F. 24678.

38 Cal.3d 227 (1985)

695 P.2d 713

211 Cal. Rptr. 416

ROBERT C. ELSTON et al., Plaintiffs and Appellants, v. CITY OF TURLOCK et al., Defendants and Respondents.

Supreme Court of California.

March 4, 1985.


Attorney(s) appearing for the Case

COUNSEL

Canelo, Hansen & Wilson, James H. Wilson and Leonard Herr for Plaintiffs and Appellants.

Diehl, Steinheimer, Riggo, Haydel & Mordaunt, Diehl, Steinheimer, Riggo, Haydel, Mordaunt & Smith, M. Max Steinheimer, James H. Fagundes, Martin, Crabtree, Schmidt & Zeff, Thomas D. Zeff, Nan Cohan Jacobs, Richard G. Rypinski, Gordon S. Baca, Ronald I. Harrison and Bruce M. Rosenthal for Defendants and Respondents.


OPINION

BIRD, C.J.

Did the trial court abuse its discretion by refusing to grant plaintiffs' motion under Code of Civil Procedure section 473 to set aside deemed admissions on the ground of excusable neglect?

I.

Robert Elston was seriously injured when the motorcycle he was riding collided with an automobile at a traffic intersection in Turlock, California. Elston and his wife filed suit against the City of Turlock...

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