Villarruel

Villarruel v. Arreola

Bad Law
136 Cal. Rptr. 19·1977 Cal. App. LEXIS 1129·66 Cal. App. 3d 309
Court of Appeal of CaliforniaJanuary 25, 1977Civ. 38874California1,572 words

Opinion

Opinion

Elkington, J.

On the motion of Western Pioneer Insurance Company (“Western Pioneer”), the superior court ordered a previously entered “consent” judgment for a total of $425,000, in favor of plaintiffs Pauline R. Villarruel, Richard Villarruel, Ophelia Villarruel and Anna-maria Villarruel, and against defendants Ofelia Arreola de Avelos who was sued as Deavalos Arreola, Manuela Arreola, and Elias Arreola R. who was sued as Elias Rodriguez Arreola (hereinafter “Elias”), vacated and set aside. The latter three named plaintiffs were minors, suing through Pauline R. Villarruel, their guardian ad litem. Pauline R. Villarruel alone, apparently in her individual capacity, has appealed from the order, and from an order permitting Western Pioneer to intervene in the action.

In reviewing the' propriety of an order granting such a motion to set aside a judgment, we must assume in support of the order that the superior court resolved all evidentiary conflicts in favor of the moving party. (Nestle v. City of Santa Monica, 6 Cal.3d 920, 925 [ 101 Cal.Rptr. 568 , 496 P.2d 480 ]; Turley v. Turley, 254 Cal.App.2d 169, 172 [ 61 Cal.Rptr. 673 ]; Warren v. Warren, 120 Cal.App.2d 396, 400 [ 261 P.2d 309…

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