Fishman

Fishman v. Fishman

Bad Law
117 Cal. App. 3d 815·173 Cal. Rptr. 59·1981 Cal. App. LEXIS 1601
Court of Appeal of CaliforniaApril 9, 1981Civ. 60162California2,370 words

Opinion

Opinion

Dalsimer, J.

A “Judgment Pursuant to 1710.25 CCP” was entered in favor of plaintiff and against the defendant in the superior court. Defendant’s motion to vacate that judgment was granted by the trial court and the action was dismissed. Thereafter a motion to reconsider was filed by the plaintiff and that motion was denied. It is from the order vacating the judgment and from the denial of the motion for reconsideration that plaintiff has perfected her appeal to this court.

Facts

The parties to this litigation who were once husband and wife have over the course of almost 10 years engaged in litigation concerning the dissolution of their marriage both in the State of California and in the State of New York. The latter state is where the parties were previously domiciled. Both the New York and the California actions have been pursued to final judgment. The action in New York was in the appellate courts of that state for several years and finally, after remand to the trial court, a judgment was entered awarding to the plaintiff, inter alia, $14,411.07 for attorney’s fees and costs. On August 21, 1979, plaintiff instituted the within action by filing an application for entry of judgment…

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