Rappleyea v. Campbell

8 Cal. 4th 975, 35 Cal. Rptr. 2d 669, 884 P.2d 126 (1994)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Rappleyea v. Campbell

California Supreme Court
8 Cal. 4th 975, 35 Cal. Rptr. 2d 669, 884 P.2d 126 (1994)

Facts

On November 1, 1990, Hal Rappleyea (plaintiff) sued Arizona residents Ken Campbell and another (Campbell) (defendants) in California state court. Campbell proceeded in propria persona but had an Arizona lawyer-friend call the Los Angeles Superior Court clerk’s office, who advised that the filing fee was $89 when in fact, for two defendants, the filing fee was $159. Campbell answered the complaint by mail from Arizona and enclosed $89. The clerk’s office received the answer by November 29, which was within the 30 days required for a timely answer under Code of Civil Procedure § 412.20(a)(3), but it rejected the complaint and check and returned the answer. Campbell promptly sent back their answer with the correct fee, and it was filed on December 11, 1990—nine days late under § 412.20(a)(3). In the interim, on December 4, 1990, which was the first day possible, Rappleyea applied to the clerk to enter a default against Campbell, which the court did, and Rappleyea mailed a copy of the application to Campbell. In May 1991, Rappleyea’s attorney misadvised Campbell, telling them that they had waived their rights to relief from the entry of default under § 473, which they had not. In October 1991, Campbell learned that a default judgment might soon enter, and they moved to set aside the default and appeared in propria persona on December 9, 1991. The motion was argued on January 15, 1992, and it was denied for failure to show good cause. Campbell hired counsel, who moved and was denied reconsideration because it was untimely. A default judgment of more than $200,000 was entered on January 29, 1992, and Campbell appealed. The California Court of Appeal affirmed, and Campbell sought further review.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

Dissent (Baxter, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership