Can a motion to vacate or amend a judgment which is no judgment be appealed?

California, United States of America


The following excerpt is from Oppenheimer v. Deutchman, 161 Cal.App.2d 501, 326 P.2d 883 (Cal. App. 1958):

Certainly the appellant was left in no doubt as to the meaning of the judgment. He made various motions seeking a new trial and to vacate the judgment and, as hereinbefore noted, appellant thereafter perfected an appeal from the very judgment which is now assailed as being no judgment. After the reviewing court had 'examined the entire transcript' (119 Cal.App.2d 450, 454, 259 P.2d 457, 460) the judgment was affirmed. The [161 Cal.App.2d 504] appellant has had not one but several days in court and the matter must be deemed to have reached a final conclusion. Moreover, the judgment of this court was filed on July 30, 1953, while the notice of the present motion to vacate, etc., was not filed until April 24, 1958,--a long and, so far as appellant has shown, unexplained delay in seeking relief. Even if the motion possessed substantial basis, which it does not, such a delay, unexcused, would constitute laches justifying denial of the relief prayed. Thompson v. Thompson, 38 Cal.App.2d 377, 380, 101 P.2d 160.

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