CajonValley Unified School Dist. v. Houghton
In this construction defect case, defendant Edward Houghton appeals the denial of his motion for relief from judgment (Code Civ. Proc., 473, subd. (b); statutory references are to the Code of Civil Procedure). That motion followed the granting of a motion for summary judgment ( 437c) brought by plaintiff Cajon Valley Union School District (Cajon Valley). Houghton and Cajon Valley have now filed a "joint motion and stipulation for vacatur of judgment and remand of action to the superior court." ( 128, subd. (a)(8).) The parties use the word "vacate" (and its variants) rather than the word "reverse." "[I]t makes no difference under [section 128, subdivision (a)(8)] whether the court is asked to reverse or vacate the judgment . . . ." We prefer the former term. (Hardisty v. Hinton & Alfert (2004) 124 Cal.App.4th 999, 1002, fn. 1.) Court accept the stipulation and reverse the order.
Comments on CajonValley Unified School Dist. v. Houghton