Legal Opinion

Dakota Payphone, LLC v. Alcaraz

California Court of Appeal

Decided February 2, 2011No. E047943PublishedCited by 25 opinions

1Opinion of the Court

Opinion

RAMIREZ P. J.

Defendant Hugo Alcaraz (Alcaraz) appeals from the trial court’s entry of a default judgment against him, claiming that the default should be set aside because it was obtained through the mistake, fraud and *498collusion of his former attorneys. (Code Civ. Proc.,1 § 473, subd. (b).) Plaintiff Dakota Payphone, LLC (Dakota), appeals from the trial court’s order purporting to grant, in part, Alcaraz’s motion for a new trial, asserting that the trial court had lost jurisdiction to make such a ruling. Dakota also asserts that Alcaraz’s appeal is untimely and should be dismissed. We…

2Cases cited43 opinions

  1. People Ex Rel. Lockyer v. Shamrock Foods Co.California Supreme Court · 2000
  2. Justus v. AtchisonCalifornia Supreme Court · 1977
  3. Ochoa v. Superior CourtCalifornia Supreme Court · 1985
  4. Estate of Hanley v. HanleyCalifornia Supreme Court · 1943
  5. Luz v. LopesCalifornia Supreme Court · 1960

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3Cited by25 opinions

  1. Lister v. Bowen CA1/2California Court of Appeal · 2013
  2. Sanchez v. StricklandCalifornia Court of Appeal · 2011
  3. Garibotti v. HinkleCalifornia Court of Appeal · 2015
  4. Ellis v. Ellis CA2/4California Court of Appeal · 2015
  5. S.H. v. M.M. (In re C.E.), California Court of Appeal, 5th District2019

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