Greene v. Superior Court of City and County of San Francisco
| Court | United States State Supreme Court (California) |
| Writing for the Court | TRAYNOR; GIBSON |
| Citation | 55 Cal.2d 403,10 Cal.Rptr. 817,359 P.2d 249 |
| Decision Date | 16 February 1961 |
| Parties | , 359 P.2d 249 Clarence O. GREENE, Petitioner, v. SUPERIOR COURT of the CITY AND COUNTY OF SAN FRANCISCO, Respondent, Renee S. Greene, Real Party in Interest. S. F. 20579. |
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v.
SUPERIOR COURT of the CITY AND COUNTY OF SAN FRANCISCO, Respondent,
Renee S. Greene, Real Party in Interest.
[55 Cal.2d 404] Jack Miller, San Francisco, Kroloff, Brown, Belcher & Smart, Stockton, and Duncan Davidson, Palo Alto, for petitioner.
No appearance for respondent.
Bert W. Hirschberg, San Francisco, for Real Party in Interest.
TRAYNOR, Justice.
In February 1959 a Nevada court granted Mrs. Renee S. Greene a final decree of divorce from Clarence O. Greene, petitioner herein. The decree incorporated a property settlement agreement of the parties, which provides among other things for payments to Mrs. Greene of $600 a month. In March of 1960 petitioner sought a modification of the Nevada decree in the Superior Court of
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[359 P.2d 250] San Joaquin County. He alleged that because of changed circumstances he was unable to make the $600 monthly payments and moved for an order pendente lite reducing the payments to $200 a month. By a default minute order of April 28, 1960 the motion to reduct the payments pendente lite was granted. On June 16, 1960 a motion for change of venue by Mrs. Greene was granted and the cause transferred to the Superior Court for the City and County of San Francisco. On July 20, 1960 Mrs. Greene moved in that court to vacate the order reducing the payments pendente lite. The motion was granted on the ground that the pendente lite order 'was and is beyond the authority of the Court.' Petitioner sought a writ of prohibition or other appropriate writ to set aside the vacation of the order reducing the monthly payments and to restrain the [55 Cal.2d 405] San Francisco court from proceeding further in the cause. We issued an alternative writ of prohibition.It is contended that an appeal from an order vacating an appealable order is an adequate remedy. Colby v. Pierce, 15 Cal.App.2d 723, 724-725, 59 P.2d 1046. The absence of another adequate remedy, however, was determined when we granted the alternative writ. City and County of San Francisco v. Superior Court, 53 Cal.2d 236, 243, 1 Cal.Rptr. 158, 347 P.2d 294.
After a change of venue a court of co-ordinate jurisdiction has the power to vacate the orders of the court of original venue. Ross v. Murphy, 113 Cal.App.2d 453, 455, 248 P.2d 122. The power to vacate, however, is...
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In re the Marriage of Murray, No. F038685.
...but is directly appealable as a final judgment independently of the main action. [Citation.]" (Greene v. Superior Court (1961) 55 Cal.2d 403, 405, 10 Cal.Rptr. 817, 359 P.2d 249.) It follows that a court may not retroactively modify a prior order for temporary spousal support. In In re Marr......
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People v. Nesbitt, No. B218373.
...application to mere "procedural" rulings which may be modified at any time before final judgment (see Greene v. Superior Court [ (1961) ] 55 Cal.2d 403, 405 [10 Cal.Rptr. 817, 359 P.2d 249]; City of San Diego v. Superior Court [ (1950) ] 36 Cal.2d 483, 486 [224 P.2d 685] ), and is an except......
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Burch v. Certainteed Corp., A151633
...on a motion under Code of Civil Procedure section 663 to vacate the judgment and enter a different one. ( Greene v. Superior Court (1961) 55 Cal.2d 403, 405–406, 10 Cal.Rptr. 817, 359 P.2d 249.) A clerical error results when the order or judgment misstates the court’s actual intent (i.e., e......
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Jacuzzi v. Jacuzzi Bros., Inc.
...aside to Key System Transit Lines, supra (36 Cal.2d 184, 187, but cf. pp. 189 and 192, 222 P.2d 867; and Greene v. Superior Court (1961) 55 Cal.2d 403, 405--406, 10 Cal.Rptr. 817, 359 P.2d 249; and Phillips v. Trusheim (1945) 25 Cal.2d 913, 917, 156 P.2d 25). They also refer to alleged conc......
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In re the Marriage of Murray, No. F038685.
...but is directly appealable as a final judgment independently of the main action. [Citation.]" (Greene v. Superior Court (1961) 55 Cal.2d 403, 405, 10 Cal.Rptr. 817, 359 P.2d 249.) It follows that a court may not retroactively modify a prior order for temporary spousal support. In In re Marr......
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People v. Nesbitt, No. B218373.
...application to mere "procedural" rulings which may be modified at any time before final judgment (see Greene v. Superior Court [ (1961) ] 55 Cal.2d 403, 405 [10 Cal.Rptr. 817, 359 P.2d 249]; City of San Diego v. Superior Court [ (1950) ] 36 Cal.2d 483, 486 [224 P.2d 685] ), and is an except......
-
Burch v. Certainteed Corp., A151633
...on a motion under Code of Civil Procedure section 663 to vacate the judgment and enter a different one. ( Greene v. Superior Court (1961) 55 Cal.2d 403, 405–406, 10 Cal.Rptr. 817, 359 P.2d 249.) A clerical error results when the order or judgment misstates the court’s actual intent (i.e., e......
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Jacuzzi v. Jacuzzi Bros., Inc.
...aside to Key System Transit Lines, supra (36 Cal.2d 184, 187, but cf. pp. 189 and 192, 222 P.2d 867; and Greene v. Superior Court (1961) 55 Cal.2d 403, 405--406, 10 Cal.Rptr. 817, 359 P.2d 249; and Phillips v. Trusheim (1945) 25 Cal.2d 913, 917, 156 P.2d 25). They also refer to alleged conc......