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California Court of Appeal


Dakota Payphone LLC v. Alcaraz, E047943

In a suit for breach of contract, fraud, conversion, an accounting, a constructive trust and injunctive relief arising out of purchase agreements and leasebacks for payphones, trial court's entry of a default judgment is affirmed over claims that it was obtained through the mistake, fraud and collusion of his former attorneys, where: 1) defendant's appeal is untimely; and 2) the trial court had lost jurisdiction to rule upon a motion for a new trial; but 3) it retained the authority to correct the void portion of its judgment.

Appellate Information

  • Decided 02/02/2011
  • Published 02/02/2011

Judges

  • Ramirez

Court

  • California Court of Appeal

Counsel

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