Is a timely presented petition sufficient to prevent a plaintiff from being denied a right to seek leave of execution?
California, United States of America
The following excerpt is from Gurrola v. County of Los Angeles, 153 Cal.App.3d 145, 200 Cal.Rptr. 157 (Cal. App. 1984):
Appellant urges, however, that because his claim was timely presented his petition was not necessary and therefore the court's ruling on that petition should not collaterally estop him. In support of this assertion, appellant [153 Cal.App.3d 152] relies on Scott v. County of Los Angeles (1977) 73 Cal.App.3d 476, 140 Cal.Rptr. 785.
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