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5 California opinions name it 2 courts 2019–2021 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Los Angeles Bookbinders Union No. 63green2 sentences2021Instead, Plaintiffs requested entry of default approximately three months after Defendant was served. [Citations.] ‘The quiet speed of plaintiffs’ attorney in seeking a default judgment without the knowledge of defendants’ counsel is not to be commended.’ (Smith v. Los Angeles Bookbinders Union (1955) 133 Cal.App.2d 486, 500 .) As recently explained in Lasalle v. Vogel (2019) 36 Cal.App.5th 127 , 135: ‘In contrast to the stealth and speed condemned in Bookbinders, courts and the State Bar emphasize warning and deliberate speed. 2019Six decades ago, when bench and bar conducted themselves as a profession, another appellate court, in language both apropos to our case and indicative of how law ought to be practiced, said, "The quiet speed of plaintiffs' attorney in seeking a default judgment without the knowledge of defendants' counsel is not to be commended." ( Smith v. Los Angeles Bookbinders Union (1955) 133 Cal.App.2d 486 , 500, 284 P.2d 194 ( Bookbinders ).) 6 In contrast to the stealth and speed condemned in Bookbinders , courts and the State Bar emphasize warning and deliberate speed. | 1 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lasalle v. Vogel
green
2 sentences2021Instead, Plaintiffs requested entry of default approximately three months after Defendant was served. [Citations.] ‘The quiet speed of plaintiffs’ attorney in seeking a default judgment without the knowledge of defendants’ counsel is not to be commended.’ (Smith v. Los Angeles Bookbinders Union (1955) 133 Cal.App.2d 486, 500 .) As recently explained in Lasalle v. Vogel (2019) 36 Cal.App.5th 127 , 135: ‘In contrast to the stealth and speed condemned in Bookbinders, courts and the State Bar emphasize warning and deliberate speed. 2019The State Bar Civility Guidelines deplore the conduct of an attorney who races opposing counsel to the courthouse to enter a default before a responsive pleading can be filed. ( Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681 , 702 [ 84 Cal.Rptr.3d 351 ] ( Fasuyi ), quoting Cal. State Bar, California Attorney Guidelines of Civility and Professionalism (2007) § 15.) Accordingly, it is now well acknowledged that an attorney has an ethical obligation to warn opposing counsel that the attorney is about to take an adversary's *924 default. ( Fasuyi, supra , at pp. 701-702 [ 84 Cal.Rptr.3d 351 ] | 2 | 2019–2021 |
Fasuyi v. Permatex, Inc.
green
2 sentences2019The State Bar Civility Guidelines deplore the conduct of an attorney who races opposing counsel to the courthouse to enter a default before a responsive pleading can be filed. ( Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681 , 702, 84 Cal.Rptr.3d 351 ( Fasuyi ), quoting section 15 of the California Attorney Guidelines of Civility and Professionalism (2007).) Accordingly, it is now well-acknowledged that an attorney has an ethical obligation to warn opposing counsel that the attorney is about to take an adversary's default. ( Id. at pp. 701-702, 84 Cal.Rptr.3d 351 .) In that regard we hear 2019The State Bar Civility Guidelines deplore the conduct of an attorney who races opposing counsel to the courthouse to enter a default before a responsive pleading can be filed. ( Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681 , 702, 84 Cal.Rptr.3d 351 ( Fasuyi ), quoting section 15 of the California Attorney Guidelines of Civility and Professionalism (2007).) Accordingly, it is now well-acknowledged that an attorney has an ethical obligation to warn opposing counsel that the attorney is about to take an adversary's default. ( Id. at pp. 701-702, 84 Cal.Rptr.3d 351 .) In that regard we hear | 2 | 2019–2019 |
Miller v. City of Hermosa Beach
green
1 sentence2019Six decades ago, when bench and bar conducted themselves as a profession, another appellate court, in language both apropos to our case and indicative of how law ought to be practiced, said, 5 Indeed, some cases go so far as to say “‘very slight evidence will be required to justify a court in setting aside the default.’ [Citation.]” (Miller v. City of Hermosa Beach, supra, at p. 1136 .) More on this point below. 7 “The quiet speed of plaintiffs’ attorney in seeking a default judgment without the knowledge of defendants’ counsel is not to be commended.” (Smith v. Los Angeles Bookbinders Union ( | 1 | 2019–2019 |