Iliff

Iliff v. Dustrud

Good Law
107 Cal. App. 4th 1201·132 Cal. Rptr. 2d 848
Court of Appeal of CaliforniaMay 12, 2003D039059California3,214 words

Opinion

Opinion

O'Rourke, J.

Edwin C. Iliff appeals an order vacating a renewed default judgment in favor of Iliff as against Paul S. Dustrud (Paul), Paul’s brother Peter Dustrud (Peter) and other defendants (not parties to this appeal) and entering a new renewed default judgment against Paul'only. The superior court’s order was based in part on the ground the judgment as against defendants other than Paul was not renewed within 10 years of its entry in March 1991, even though it had been amended and reentered in May 1991, less than 10 years from the date of Iliff s renewal application. On appeal, Iliff contends the court erred by (1) vacating the renewed default judgment upon Peter’s untimely motion; (2) concluding the 10-year period for renewal (Code Civ. Proc., §§ 683.020, 683.130, subd. (a)) had expired where the amended judgment superseded the original judgment; and (3) vacating the renewed judgment as against the other defendant judgment debtors who were not before the court and had not sought such relief.

Appearing pro se, Paul appeals the order and contends: (1) he was indigent and unable to defend himself in the original case; (2) the amount of interest and attorney fees specified in the…

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