Linco Custom Picture Framing v. Marketing Fundamental CA2/5

I. INTRODUCTION

Defendants Marketing Fundamental Incorporated and Jing Y. Lai (defendants) appeal from the trial court’s entry of judgment following an order vacating a prior dismissal. Defendants contend that the court erred in granting a motion filed by plaintiff Linco Custom Picture Framing, Inc. to vacate the prior dismissal pursuant to Code of Civil Procedure1 section 473, subdivision (b) and, in the alternative, erred by failing to award defendants attorney fees and costs. We affirm.

II. BACKGROUND

A. Prior Appeal2

On August 25, 2014, plaintiff filed a first amended complaint against defendants, alleging claims for intentional misrepresentation and making a promise without intending to perform it. On November 13, 2017, plaintiff’s counsel filed a notice of settlement, explaining that the parties had entered into a settlement agreement. Then, on January 12, 2018, plaintiff’s counsel filed a request for dismissal of the entire action with

Further statutory references are to the Code of Civil Procedure.

We recite the background facts based on our earlier opinion in Linco Custom Picture Framing, Inc. v. Marketing Fundamental Incorporated (Aug. 14, 2019,…