California Supreme Court Watch

#23-125 Premier Capital, LLC v. Yakovi, S279898. (B311833; nonpublished opinion; Los Angeles County Superior Court; BC271003.) Petition for review after the Court of Appeal affirmed an order in a civil action. The court ordered briefing deferred pending decision in California Capital Ins. Co. v. Hoehn, S277510 (#23-16), which presents the following issues: (1) Is there a time limitation for filing a motion under Code of Civil Procedure section 473, subdivision (d) to vacate a judgment that is allegedly void based on extrinsic evidence? (2) In the alternative, does an equitable motion to vacate an allegedly void judgment for lack of service require proving intentional bad conduct in order to show extrinsic fraud?

Petition for review granted; briefing deferred: 6/14/2023

Transferred to CA 2/5 after hold: 2/11/2025

See the Court of Appeal Opinion.