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Payne v. Rader, C055242

In an action for damages, indemnity, and other relief against attorney and partners of a law firm, appeals from judgment and post-judgment order in favor of defendants are dismissed where: 1) the appeal from the judgment of dismissal was untimely; and 2) since plaintiff's section 663 motion was not a "valid" one, it did not extend the time to appeal from the judgment.

Appellate Information

  • Decided 11/04/2008
  • Published 11/04/2008


  • BUTZ, J.


  • California Court of Appeal


  • For Appellant:
  • Law Offices of Wanland & Spaulding, Donald M. Wanland, Jr., and Matthew D. Pearson, San Francisco, for Plaintiff and Appellant.

  • For Appellees:
  • Schuering Zimmerman Scully Tweedy & Doyle, Leo H. Schuering, Jr., Glenn M. Holley, Sacramento, and Aimee L. Clark, for Defendants and Respondents Richard E. Rader, Larry L. Rader, Paul Goulart, Richard H. Gray, Rader, Rader, Goulart and Gray, and Barbara Malakoff.
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