Laguna Dana Investments v. Ghasemian CA4/3
Laguna Dana Investments, LLC (Laguna Dana) appeals from a postjudgment order granting Sirous P.A. Ghasemian’s motion to set aside an April 11, 2013, judgment (judgment) as void. The trial court determined “the court did not have the power to enter default or default judgment against Ghasemian when she failed to appear for trial . . . .” Laguna Dana contends the judgment was not void on its face. Ghasemian disputes Laguna Dana’s claims and filed a motion to dismiss the appeal. Ghasemian argues our prior opinion in Laguna Dana Investments, LLC v. Sirous & Sons Rug Gallery, Inc. (Mar. 17, 2014, G048254) [nonpub. opn.] (Laguna Dana I) determined the judgment against Ghasemian was a default. We disagree. The motion to dismiss is denied. The order vacating the judgment is reversed and remanded.
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