Jones

Jonathan Neil & Associates, Inc. v. Jones

Bad Law
138 Cal. App. 4th 1481·2006 Cal. App. LEXIS 612·2006 Daily Journal DAR 5192·42 Cal. Rptr. 3d 350·2006 Cal. Daily Op. Serv. 3558
Court of Appeal of CaliforniaApril 28, 2006F039797, F040179California4,123 words

Opinion

Opinion

Vartabedian, J.

This case concerns consolidated appeals from the entry of a renewal of judgment (Code Civ. Proc., § 683.130) and an order denying appellant’s motion to vacate the renewal (Code Civ. Proc., § 683.170). (All further section references are to this code.) We conclude the renewal of judgment is not an appealable order, but the order denying the motion to vacate is appealable as an order after judgment. (See § 904.1, subd. (a)(2).) Next, we determine the trial court did not err in failing to vacate the renewal of judgment. We do not reach the question whether the court erred in declining to amend the renewal of judgment (see § 683.170, subd. (c)), however, since we conclude the renewal of judgment has no separate existence from the underlying judgment. Accordingly, the renewal of judgment was vacated by operation of law upon issuance of the remittitur in the appeal reversing the underlying judgment. The present appeal, as a result, is moot.

Facts and Procedural History

A longer account of the facts and history of this case is contained in the Supreme Court opinion in Jonathan Neil & Associates, Inc. v. Jones (2004) 33 Cal.4th 917, 923-930 [ 16 Cal.Rptr.3d 849 , 94 P.3d 1055…

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