Yanez v. Vasquez (2021)

Citation: Yanez v. Vasquez (2021)
Parent Document: Yanez v. Vasquez (2021)
Jurisdiction: California (state)
Effective Date: 2021-06-25
Original Source: https://www.courtlistener.com/opinion/4895090/yanez-v-vasquez/ ↗

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         In his reply brief, plaintiff argues he is not required to establish the improper notice resulted in
a miscarriage of justice, citing Dvorin v. Appellate Dep’t of Superior Court (1975) 15 Cal.3d 648, 651.
His position is not persuasive. Dvorin held it was improper for an appellate court to order a trial court
to enter summary judgment for a party where that party had never filed a motion for summary
judgment. (Id. at pp. 650-651.) Dvorin does not square with the facts of this case.

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