Gillmore v. American Central Insurance

California Supreme Court Feb 13, 1884 No. No. 9,194Published

Before: McKee

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Holding. A judgment entered pursuant to a stipulation to abide by the final judgment of another action is premature if entered while a motion for a new trial is still pending in that other action, as the judgment is not yet final.

Issues

Whether a judgment is 'final' for the purposes of a stipulation while a motion for a new trial is pending in the referenced action.
Whether a judgment entered on a stipulation is premature if the referenced action's judgment has not reached finality.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The judgment was therefore not final, in the sense of the stipulation as to the right of the parties affected by it, and could not become so until the motion for a new trial had been disposed of.”

“As, therefore, the motion for a new trial in the Lycoming Insurance Company case was not heard and determined until more than nine months after the entry of the judgment appealed from, the judgment was prematurely entered.”

Synopsis

Judgment—When Finad—Motion fob New Tbiad—Arpead.—While proceedings are pending for the review of a judgment, either on appeal or motion for a new trial, the judgment is not a final determination of the rights of the parties, although it may have become final for the purpose of an appeal.

Id.—Judgment on Stipulation—Pbematube Entey.—A judgment pursuant to a stipulation authorizing its entry upon a final judgment being obtained in another action, cannot be entered during the pendency of a motion for a new trial in the latter action.

Tbial on the Mebits—Motion fob Judgment on Stipulation—New Tbial.— A motion for a judgment pursuant to a stipulation is not a trial of the case upon the merits. If a party to such stipulation is entitled to judgment, it is upon the stipulation, and not upon a trial of the cause. A motion for new trial in such case is irregular, and should be dismissed.

McKee, J. Pending two actions in the Seventeenth Judicial District Court of Los Angeles County, one of which was entitled Lucy Gillmore v. The Lycoming Fire Insurance Company of Muncy, Pennsylvania, and the other, Lucy Gillmore v. The American Central Insurance Company of St. Louis, each of which was brought upon a policy of insurance to recover for loss by fire, the attorneys of the respective parties, in the last-named action, entered into the following stipulation, which was filed and entered upon the court minutes as an order of the court, viz.: — “This cause being called regularly for trial, the parties appearing by their respective attorneys, and both parties consenting in open court that the issues in this cause are identical with those of the other action pending in this court, No. 4,799, entitled Lucy Gillmore v. The Lycoming Fire Insurance Company of Muncy, Pa.

“It is stipulated and agreed that all proceedings herein shall be stayed until final judgment and decision in said action wherein the Lycoming Fire Insurance Company of Muncy, Pa., is defendant, and in case of an appeal in said last-named action, then said proceedings are stayed until the final determination of such appeal, and upon such final determination, judgment, and [65]decision in said action wherein said The Lycoming, etc., is defendant, either party, without notice, shall and may cause to be entered a judgment in this action corresponding to and like the said final judgment, and of the same date in said other action; and if such judgment shall be for the plaintiff, the amount for which the same shall be entered shall be six hundred and fifty dollars and costs; and if for the defendant, then for its costs allowed by law.

“An order pursuant to this stipulation shall be entered in the minutes of this court, 12th May, 1879.”

The action named in the stipulation was tried and decided in favor of the plaintiff, but the defendant moved to set aside the judgment entered therein, and for a new trial. The motion was denied; and from the judgment and order denying the motion the defendant appealed. On appeal, the judgment and order were reversed and the cause remanded, with directions to the court below to sustain the demurrer to the complaint in the action, with leave to the plaintiff to amend.

In obedience to the direction of the appellate court the demurrer to the complaint was sustained; the plaintiff amended her complaint, and the cause was again tried and decided in favor of the plaintiff, and judgment was entered in her favor against the defendant on March 14, 1881. A year elapsed and no appeal from the judgment was taken. Then the attorneys for the plaintiff in this action, in which the stipulation was filed, moved the court to enter judgment in favor of the plaintiff, pursuant to the stipulation; and the court on the 17th of March, 1882, rendered and entered judgment accordingly.

Gillmore v. American Central Insurance

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