What is the effect of a motion denying the motion to vacate?

California, United States of America


The following excerpt is from Ford v. Superior Court, 109 Cal.Rptr. 844, 34 Cal.App.3d 338 (Cal. App. 1973):

Although the order denying the motion to vacate may have been appealable as an order after judgment (Code Civ.Proc., 904.1(b)), by issuing the alternative writ we have determined that petitioner had no Adequate remedy in the ordinary course of law. (Randone v. Appellate Department, 5 Cal.3d 536, 543, 96 Cal.Rptr. 709, 488 P.2d 13; Brown v. Superior Court, 5 Cal.3d 509, 515, 96 Cal.Rptr. 584, 487 P.2d 1224.)

The Facts

Except for one, which will be noted in the margin, the facts are undisputed.

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