City of Oakland v. Rogers
This is an appeal from an order issued May 9, 2005 to distribute funds held in escrow after the termination of a receivership involving the real property of Benjamin Rogers (May 2005 Order). Although far from clear from their poorly drafted briefs, appellants City of Oakland and its receiver Alton Management Corporation (collectively, appellants) ask this court to vacate the May 2005 Order on the grounds that (1) a final order that issued on February 13, 2004, decided the same issues in a different way, and thus is res judicata with respect to those issues; and (2) the May 2005 Order was obtained by fraud or mistake in that Rogerss attorney represented Rogers in opposing reconsideration of the order after Rogers died on May 17, 2005, but before notifying the trial court of his death. Court affirm.
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