37 Cited authorities

Brendlin v. California
551 U.S. 249 (2007) Cited 2,117 times 13 Legal Analyses
Holding that when police make a traffic stop, a passenger in the vehicle, like the driver, is seized for Fourth Amendment purposes and may challenge the stop's constitutionality
Woods v. Young
53 Cal.3d 315 (Cal. 1991) Cited 209 times
Holding statute of limitations for medical malpractice actions is one year and 90 days when the plaintiff sends the physician-defendant a 90-day notice of intent to sue
Wilson v. Sunshine Meat & Liquor Co.
34 Cal.3d 554 (Cal. 1983) Cited 176 times
In Wilson, the statute at issue stated, " '[t]he court, in its discretion, may dismiss an action... if it is not brought to trial within two years.' "
Luz v. Lopes
55 Cal.2d 54 (Cal. 1960) Cited 218 times
In Luz v. Lopes (1960) 55 Cal.2d 54 (Luz), the court stated: "[I]t is and has been the law of this state that notices of appeal are to be liberally construed so as to protect the right of appeal if it is reasonably clear what [the] appellant was trying to appeal from, and where the respondent could not possibly have been misled or prejudiced."
In re Johnson
62 Cal.2d 325 (Cal. 1965) Cited 191 times
Expressing concern that imposing the same requirements in misdemeanor cases as in felonies would unduly burden the system
Lee v. Placer Title Co.
28 Cal.App.4th 503 (Cal. Ct. App. 1994) Cited 62 times 2 Legal Analyses
In Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, the clerk of the trial court served notice of dismissal on plaintiff at the wrong address. (Id. at p. 507.)
Reid v. Balter
14 Cal.App.4th 1186 (Cal. Ct. App. 1993) Cited 59 times
Denying appellate relief because party failed to seek writ review of an order denying a motion to dismiss for failure to prosecute
Factor Health Management v. Superior Court
132 Cal.App.4th 246 (Cal. Ct. App. 2005) Cited 37 times
In Factor Health, the court held that defendants who filed ex parte applications for discovery related to the merits of the case before filing their motion to quash had made a general appearance and submitted to the court's jurisdiction.
Sharp v. Union Pacific R.R. Co.
8 Cal.App.4th 357 (Cal. Ct. App. 1992) Cited 47 times 1 Legal Analyses
Docket No. F015353. July 22, 1992. Appeal from Superior Court of Stanislaus County, No. 223315, Hugh Rose III, Judge. COUNSEL Arnold Laub and A. Marquez Bautista for Plaintiff and Appellant. Michael L. Whitcomb and James C.E. Barclay for Defendant and Respondent. OPINION BEST, P.J. Plaintiff has appealed from the summary judgment entered in favor of defendant ordering that plaintiff take nothing by his first amended complaint. This complaint sought damages for personal injuries sustained in a diving
Vibert v. Berger
64 Cal.2d 65 (Cal. 1966) Cited 99 times
In Vibert v. Berger (1966) 64 Cal.2d 65, 48 Cal.Rptr. 886, 410 P.2d 390 (Vibert), we held that a notice of appeal from an order sustaining a demurrer could be construed to incorporate the judgment of dismissal entered thereon.
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1382 - Dismissal of action
Cal. Pen. Code § 1382 Cited 1,160 times
Setting presumptive 60-day limit for trial in a criminal case
Section 26500 - Generally
Cal. Gov. Code § 26500 Cited 111 times
Providing "district attorney . . . shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses"
Section 40300.5 - Arrest without warrant
Cal. Veh. Code § 40300.5 Cited 2 times
In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists: (a) The person is involved in a traffic crash. (b)

Request

37 Cited authorities

Holding that when police make a traffic stop, a passenger in the vehicle, like the driver, is seized for Fourth Amendment purposes and may challenge the stop's constitutionality

Holding statute of limitations for medical malpractice actions is one year and 90 days when the plaintiff sends the physician-defendant a 90-day notice of intent to sue

In Wilson, the statute at issue stated, " '[t]he court, in its discretion, may dismiss an action... if it is not brought to trial within two years.' "

Expressing concern that imposing the same requirements in misdemeanor cases as in felonies would unduly burden the system

In Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, the clerk of the trial court served notice of dismissal on plaintiff at the wrong address. (Id. at p. 507.)

Denying appellate relief because party failed to seek writ review of an order denying a motion to dismiss for failure to prosecute

In Factor Health, the court held that defendants who filed ex parte applications for discovery related to the merits of the case before filing their motion to quash had made a general appearance and submitted to the court's jurisdiction.

In Vibert v. Berger (1966) 64 Cal.2d 65, 48 Cal.Rptr. 886, 410 P.2d 390 (Vibert), we held that a notice of appeal from an order sustaining a demurrer could be construed to incorporate the judgment of dismissal entered thereon.

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Setting presumptive 60-day limit for trial in a criminal case

Providing "district attorney . . . shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses"