Johnston

Johnston v. Corrigan

Good Law
127 Cal. App. 4th 553·2005 Cal. App. LEXIS 354·2005 Daily Journal DAR 3006·25 Cal. Rptr. 3d 657·2005 Cal. Daily Op. Serv. 2169
Court of Appeal of CaliforniaMarch 11, 2005B174452California1,086 words

Opinion

Opinion

Tuner, J.

I. INTRODUCTION

Cross-complainant, Dennis H. Johnston, appeals from an order granting attorney fees under Code of Civil Procedure section 425.16, subdivision (c) to cross-defendants, Brian T. Corrigan, Stanley C. Morris, and Corrigan & Morris. Cross-complainant contends the trial court had no jurisdiction to reconsider an initial order denying cross-defendants’ attorney fee motion and sanctions should have been imposed. We affirm the order under review.

II. BACKGROUND

Cross-complainant was named as a defendant in an action brought by plaintiffs, ePayLatina S.A. and Freestar Technologies, Inc. Cross-complainant filed a cross-complaint for indemnity and contribution against cross-defendants, among others. On March 26, 2003, cross-defendants filed a special motion to strike the cross-complaint pursuant to section 425.16 and noticed the matter for hearing on May 6, 2003. On April 11, 2003, cross-defendants filed their points and authorities in support of the March 26, 2003, special motion to strike. Cross-complainant filed no opposition to the special motion to strike. Rather, on May 2, 2003, cross-complainant filed a first amended cross-complaint, but did not name…

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