Lynch v. Spilman

This action was commenced by the Attorney General (plaintiff) to impress a charitable trust upon real property distributed by Medicine Lodge, a nonprofit corporation, to its individual members, defendants herein, upon its dissolution and to obtain other incidental relief. Initially, summary judgment was entered in favor of plaintiff; defendants upon a motion made under Code of Civil Procedure section 473 subsequently obtained an order vacating said judgment. Plaintiff appeals from the last mentioned order. We find no abuse of discretion in the vacating action of the trial court. Specifically,…