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CCP 473(d

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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W. Bradley Electric, Inc. v. Mitchell Engineering (2024) 2024 Cal. App. LEXIS 135

Bradley moved under CCP 473(d) to void the dismissal of its cross-complaint on the ground that the dismissal was entered under a settlement that Bradley's attorney had entered into without Bradley's consent.  Recognizing a split of appellate authority over whether a judgment on a settlement entered into without client consent is void or merely voidable and suggesting that voidable is… Read More

Braugh v. Dow (2023) 93 Cal.App.5th 76, 310 Cal.Rptr.3d 509

Under CCP 414.10, anyone who is over 18 years old may serve a summons and complaint--except for a party.  Here, plaintiff's service of the summons and complaint on the defendant was insufficient to give the court jurisdiction over the defendant.  Hence, the ensuing default judgment agains the defendant was properly set aside under CCP 473(d) as void on its face. … Read More