David S. Karton, A Law Corp. v. Dougherty CA2/1
Appellant David S. Karton, A Law Corporation (Karton) appeals from the trial court’s denial of its motion to “set aside” our 2009 opinion in David S. Karton, A Law Corp. v. Dougherty (2009) 171 Cal.App.4th 133 (Karton) (2009 Opinion), and all subsequent orders, rulings and proceedings. Our 2009 Opinion is the law of the case, however, the doctrine providing that the decision of an appellate court, stating a rule of law necessary to the decision of the case, conclusively establishes that rule and makes it determinative of the rights of the same parties in any subsequent retrial or appeal in the same case. The 2009 Opinion is final and controlling on the trial court, which had no authority to reverse or vacate it. We, therefore, affirm the trial court’s denial of Karton’s motion.
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