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State Courts -
California - July 30, 2009
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Law Offices of David S. Karton v. Segreto, B211129,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, July 30, 2009, Filed
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Overview: Trial court erred in denying an attorney's petition to correct a mandatory fee arbitration award without confirming the award; pursuant to Code Civ. Proc., § 1286, the trial court was required to confirm the arbitration award because it did not correct the award, vacate the award, or dismiss the petition.
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Manson, Iver & York v. Black, F056749,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, July 30, 2009, Filed
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Overview: Relief from default was proper under Code Civ. Proc., § 473, subd. (d), because the judgment, amended ex parte to substitute a name for a misnamed defendant, was void; the amendment did not correct a clerical error, affected substantial rights, was made without notice or hearing, and was made without evidence of who was the intended defendant.
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