California Court of Appeal

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D.R.S. Trading Co., Inc. v. Barnes, G041551

An order by the trial court vacating a default judgment entered against a defendant is affirmed as plaintiff's contention confuses the court's power to reconsider the merits of the entered judgment itself, or to reconsider interim orders which have been subsumed within that judgment, with its power to reconsider an order which it is specifically authorized to make in the first instance after entry of the judgment under Code of Civil Proc. section 473(b).

Appellate Information

  • Decided 12/23/2009
  • Published 12/23/2009



  • California Court of Appeal


  • For Appellant:
  • Pestotnik & Gold and Russell A. Gold;  Luce, Forward, Hamilton & Scripps and Charles A. Bird, San Diego, for Plaintiff and Appellant.

  • For Appellees:
  • Law Offices of Thomas E. Francis and Thomas E. Francis, Costa Mesa;  Bohm, Matsen, Kegel & Aguilera, Costa Mesa, and Raymond E. Brown, for Defendants and Respondents.
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