Pazderka

Caballeros Dimas Alang, Inc. (CDA) made an offer to compromise to Franti and Julie Pazderka (Pazderkas) pursuant to Code of Civil Procedure section 998, which the Pazderkas accepted. (All further unspecified code sections refer to the Code of Civil Procedure.) The Pazderkas presented the signed agreement to the clerk of the superior court, who entered judgment pursuant to section 998. The Pazderkas, thereafter, successfully moved for an award of attorneys’ fees. CDA filed a motion which, among other things, requested reconsideration of the award for attorneys’ fees, relief from judgment, and rescission.

The trial court granted reconsideration and vacated the judgment, and the Pazderkas appeal from the order granting this relief. The Pazderkas contend that the trial court did not have jurisdiction, because CDA had filed a notice of appeal prior to the trial court’s issuing its decision. Additionally, the Pazderkas argue that the trial court had no jurisdiction to grant reconsideration, and it abused its discretion in vacating the judgment, because CDA failed to present facts or law to support such relief.

Thus, the questions posed by this appeal are: Is an order pursuant…