John Thymes and Shirley Thymes
Opinion
Trial Court Opinion
I. Background6
The Memorandum of Decision and Order denied three motions filed by the Debtors (collectively, the “Motions”), which were captioned Motion to Vacate and Set Aside Order, and to Reopen Case,7 Motion to Vacate and Set Aside Void “Judgment By Court” Entered Oct. 2, 1991 (Exhibit “A”)—John A. Thymes, Shirley R. Thymes v. Cal-West, Trustee, et al. L.A.S.C. Case No. BC 021493 (the “Motion to Vacate”),8 and Notice of Related Cases.9 The Court found that the Motions were an improper attempt to circumvent the dismissal of the Debtors’ appeal of a prior order; that the Motions effectively constituted a request for relief under Civil Rules 59(e) or 60(b), but that the Debtors had failed to show entitlement to such relief; that the Court lacked jurisdiction to vacate a judgment entered by the Los Angeles Superior Court on October 16, 1991 (the “State Court Judgment”)10; and that the Debtors’ request for consolidation of this case with four other allegedly related cases was not warranted because all of the allegedly related cases had been closed.
II. Findings and Conclusions
Reconsideration is “an ‘extraordinary remedy, to be used sparingly in the interests of finality and…