Tomassi

Reliance Insurance Company (Reliance) appeals from an order denying its motion to vacate a judgment in a wrongful death action against its insured, Campbell Towing, Inc. The trial court determined that Reliance lacked standing as an “aggrieved” party within the meaning of Code of Civil Procedure section 663. We agree with the court’s ruling and therefore affirm the order.

Background

Angelo Tomassi, Sr., and Christopher Moreno were aggressive competitors in the tow truck business. Tomassi owned Great America Towing, Inc., while Moreno was a co-owner of Campbell Towing. Animosity had developed between the two over alleged breaches of their noncompetition agreements and other issues. In addition to Moreno’s business disputes with Tomassi, Moreno’s wife had filed for divorce. Moreno had told her he would commit suicide if she continued with the dissolution proceedings.

On January 11, 1994, Moreno rode his motorcycle to Great America Towing, Inc., and engaged Tomassi in conversation. A heated argument erupted, and Moreno shot Tomassi several times, killing him. Then Moreno went to the pharmacy where his wife worked and shot himself to death.

Tomassi’s wife and sons sued…