Motion to vacate an adverse judgment

The Truth News — Thu, 13 Oct 2022 02:10:02 +0000

Motion to vacate an adverse judgment

Providers v. Rank, 270 Cal.Rptr. 796, 51 Cal.3d 1, 793 P.2d 2 (Cal. 1990):
” ‘Any aggrieved party’ may appeal from an adverse judgment…. [O]ne who is legally ‘aggrieved’ by a judgment may become a party of record and obtain a right to appeal by moving to vacate the judgment pursuant to Code of Civil Procedure section 663.” (County of Alameda v. Carleson (1971) 5 Cal.3d 730, 736, 97 Cal.Rptr. 385, 488 P.2d 953.) Appellants having filed such a motion, the only question is whether they qualify as persons aggrieved by the judgment.

County of Alameda v. Carleson (1971) 5 Cal. 3d 730, 736 [97 Cal. Rptr. 385, 488 P.2d 953].):
“Any aggrieved party” may appeal from an adverse judgment. (Code Civ. Proc., § 902.) [2] It is generally held, however, that only parties of record may appeal; consequently one who is denied the right to intervene in an action ordinarily may not appeal from a judgment subsequently entered in the case. (Braun v. Brown, 13 Cal.2d 130, 133-134 [87 P.2d 1009]; In re Veterans’ Industries, Inc., 8 Cal.App.3d 902, 916 [88 Cal. Rptr. 303].) Instead, he may appeal from the order denying intervention. (Id) fn. 4 [3] Nevertheless, one who is legally “aggrieved” by a judgment may become a party of record and obtain a right to appeal by moving to vacate the judgment pursuant to Code of Civil Procedure section 663. (Eggert v. Pac. States S. & L. Co., 20 Cal.2d 199, 201 [124 P.2d 815]; Elliott v. Superior Court, 144 Cal. 501, 509 [77 P. 1109]; Estate of Partridge, 261 Cal.App.2d 58, 60-63 [67 Cal.Rptr. 433]; Butterfield v. Tietz, 247 Cal. App.2d 483, 484-485 [55 Cal.Rptr. 577]; Estate of Sloan, 222 Cal.App. [5 Cal.3d 737] 2d 283, 291-292 [35 Cal.Rptr. 167].) [4] One is considered, “aggrieved” whose rights or interests are injuriously affected by the judgment. (Elliott v. Superior Court, supra, at p. 509; see Leoke v. County of San Bernardino, 249 Cal.App.2d 767, 770-771 [57 Cal.Rptr. 770]; Buffington v. Ohmert, 253 Cal.App.2d 254, 255 [61 Cal.Rptr. 360].) Appellants interest “`must be immediate, pecuniary, and substantial and not nominal or a remote consequence of the judgment.'” (See Leoke v. County of San Bernardino, supra at p. 771.)

if you are looking for a Criminal Vacate Motion in California see.. Motion to Vacate a Criminal Conviction 1473.7 PC

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