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D.R.S. Trading Co., Inc. v. Barnes, No. G041551

By FindLaw Staff on December 28, 2009 | Last updated on March 21, 2019

An order by the trial court vacating a default judgment entered against a defendant is affirmed as plaintiff's contention confuses the court's power to reconsider the merits of the entered judgment itself, or to reconsider interim orders which have been subsumed within that judgment, with its power to reconsider an order which it is specifically authorized to make in the first instance after entry of the judgment under Code of Civil Proc. section 473(b).     

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Appellate Information

Filed December 23, 2009


Opinion by Judge Bedsworth

For Appellant:   Pestotnik & Gold and Russell A. Gold; Luce, Forward, Hamilton & Scripps and Charles A. Bird

For Appellee:   Law Offices of Thomas E. Francis and Thomas E. Francis; Bohm, Matsen, Kegel & Aguilera and Raymond E. Brown

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