This matter involved an issue as to whether or not a court has power to reconsider a decision under Code of Civil Procedure Section 1008, after a judgment has been entered. The appeals court affirmed the trial court in finding that the existence of a judgment does not preclude a court from reconsideration of a motion it is explicitly empowered to consider after judgment has been rendered. Here, the court was asked to consider a motion pursuant to California Code of Civil Procedure Section 473 (sub. b) with regard to relief from a judgment if it was the result of a mistake. The appeals court found that although California Code of Civil Procedure Section 1008 prohibited reconsideration of the merits of the entered judgment, it did not bar reconsideration after entry of judgment, which was authorized under section 473 (sub. b).
Judgments – D.R.S. Trading Company, Inc. v. Vaughn Barnes, DJDAR 17859 (December 23, 2009)
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