Stop C-19 v. Tooling Express

Discussion, part B. APPEALS from judgments of the Superior Court of Los Angeles County, Michael P. Vicencia, Judge. Appeal No. B333153 affirmed. Appeal No. B335674 reversed and remanded with directions. Law Offices of Steven P. Scandura and Steven P. Scandura for Plaintiff, Cross-complainant, Defendant, and Appellant Stop

C-19, LLC.

Troutman Pepper Locke LLP, Peter N. Villar, Bryan N. Sonksen, and Elizabeth Holt Andrews for Defendants and Respondents Tooling Express, Inc. et al., and Plaintiff, Cross- defendant, and Respondent AOK Tooling Limited. ________________________

Courts and commentators have long cautioned that an order vacating a judgment pursuant to Code of Civil Procedure1 section 663 must also order the entry of new and different judgment, and that the failure to do so renders the order vacating the original judgment void. (See, e.g., Fairbank et al., Cal. Practice Guide: Civil Trials and Evidence (The Rutter Group 2020) ¶ 18:499 [collecting cases].) Respondent AOK Tooling Limited (AOK) contends that a 2012 amendment to section 663a, subdivision (b) changed this venerable rule. It did not. The rule remains the same. As amended, section 663a, subdivision (b)…