California Court of Appeal
Standard Microsystems Corp. v. Winbond Elec. Corp., H033266
In plaintiff's suit against a Taiwanese corporation and an Israeli corporation claiming that they misappropriated the design of a microchip used in manufacturing personal computers, trial court's entry of default judgment against defendants is reversed where: 1) undisputed facts plainly establish defendants' attorney's fault necessary to trigger a right to mandatory relief; 2) plaintiff's argument that relief was barred by Code of Civ. Proc. section 1008, which restricts motions for reconsideration and renewals of previously denied motions, is rejected; and 3) to the extent a literal application of section 1008 might conflict with the provisions of section 473(b), the latter must prevail.
Appellate Information
- Decided 11/24/2009
- Published 11/24/2009
Judges
- RUSHING, P.J.
Court
- California Court of Appeal
Counsel
- For Appellees:
- Reed Smith, Paul D. Fogel, Raymond A. Cardozo, San Francisco, Finnegan, Henderson, Farabow, Garrett & Dunner, Robert F. McCauley, Steven H. Morrissett, Elisabeth J. Barek, Wendy A. Herby, Palo Alto, Attorneys for Defendants and Appellants Winbond Electronics Corporation, et al., Dechert, Chris Scott Graham, Mountain View, Attorneys for Plaintiff and Respondent Standard Microsystems Corporation.