California Supreme Court Watch

Jan 25, 2023
California Capital Ins. Co. v. Hoehn, S277510.

#23-16 California Capital Ins. Co. v. Hoehn, S277510. (C092450; nonpublished opinion; Placer County Superior Court; SCV0026851.) Petition for review after the Court of Appeal affirmed an order in a civil action. This case 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: 1/25/2023

Case fully briefed: 6/16/2023

See the Court of Appeal Opinion.