Valson
Valson v. Dept. of Corrections and Rehabilitation CA3
Opinion
Opinion
BACKGROUND
Valson filed a complaint against CDCR for conversion, theft, and violation of constitutional rights. He alleged that in September 2019, CDCR unlawfully took his idea called Recreational Experiment Created For Effective Social Success (Recess). He sought recovery of his property and compensatory and punitive damages. After Valson filed a first amended complaint, CDCR demurred. On December 30, 2019, the trial court filed an order sustaining the demurrer without leave to amend and a judgment in favor of CDCR and against Valson. On January 6, 2020, CDCR filed and served by mail on Valson a notice of entry of the demurrer order and a notice of entry of judgment. Valson filed a motion to set aside and vacate the judgment pursuant to section 663 on January 21, 2020. The trial court dropped the motion, concluding Valson did not comply with the statutory notice requirement, section 663 did not lie to vacate a judgment following an allegedly erroneous demurrer ruling, and the trial court did not have jurisdiction to reconsider its demurrer ruling because judgment had been entered. Valson filed a notice of appeal from the order denying his section 663 motion but filed an…