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Tubbs v. Los Angeles Transit Lines

Court of Appeal of California, Second District, Division Two
Dec 8, 1953
121 Cal.App.2d 748 (Cal. Ct. App. 1953)

Opinion

Docket No. 19817.

December 8, 1953.

APPEAL from an order of the Superior Court of Los Angeles County granting a new trial. Otto J. Emme, Judge. Reversed.

Henry R. Thomas, Wayne Veatch and Henry F. Walker for Appellants.

No appearance for Respondent.


Defendants appeal from an order granting plaintiff's motion for a new trial. The action was for damages claimed to have resulted from personal injuries arising out of the allegedly negligent operation of a streetcar of the corporate defendant by defendant Gordon, its employee, while acting in the course of his duties.

The notice of plaintiff's intention to move for a new trial was addressed only to defendant corporation and its attorney who represented both defendants.

[1, 2] Appellants contend that the failure to give notice to defendant Gordon prevented the trial court from acquiring jurisdiction to entertain the motion for a new trial. This exact question was considered in an identical factual situation by this court in Spruce v. Wellman, 98 Cal.App.2d 158 [ 219 P.2d 472], wherein it was held that "in the absence of service on the adverse party of notice of intention to move for a new trial the superior court is without jurisdiction to grant the motion" and "an `adverse party' is one whose interest in the subject matter . . . will be affected by the granting of the motion. . . ." ( Ibid., p. 160.) That decision is determinative of this appeal.

The order granting a new trial is reversed.

McComb, J., and Fox, J., concurred.


Summaries of

Tubbs v. Los Angeles Transit Lines

Court of Appeal of California, Second District, Division Two
Dec 8, 1953
121 Cal.App.2d 748 (Cal. Ct. App. 1953)
Case details for

Tubbs v. Los Angeles Transit Lines

Case Details

Full title:BARBARA TUBBS, a Minor, etc., Respondent, v. LOS ANGELES TRANSIT LINES (a…

Court:Court of Appeal of California, Second District, Division Two

Date published: Dec 8, 1953

Citations

121 Cal.App.2d 748 (Cal. Ct. App. 1953)
264 P.2d 46

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