Harris v. Cavasso

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that “the affidavit filed by plaintiffs’ 13 attorney is devoid of any facts from which the trial court could draw the conclusion that a 14 cause of action existed against defendants”
• noting that “[c]ontrary to plaintiffs’ assertion, the verification of the complaint by 20 |i plaintiffs’ counsel on his information and belief is no substitute for the sworn statement 21 facts which section 415.50 requires of the affiant”
• providing that 20 ||“[t]here must be an affidavit containing a statement of some fact which would be legal 21 |levidence, having some appreciable tendency to make the jurisdictional fact appear, for the Judge to act upon before he has any jurisdiction to make the order”
• setting aside default judgment where the plaintiff relied 26 on his verified complaint rather than an affidavit to show the existence of a cause of action for the 27 purpose of service by publication
• “the 19 verification of the complaint by plaintiffs’ counsel on his information and belief is no substitute for the 20 sworn statement of facts which section 415.50 requires of the affiant.”
• The statute ‘‘on its face permits such showing to be made only by affidavit.”; setting 18 aside a judgment where service by publication had been based on facts presented in a verified 19 complaint rather than an affidavit

Source: CourtListener parenthetical corpus (CC0).