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MISIC v. SEGARS

Docket No. B080663.

37 Cal.App.4th 1149 (1995)

44 Cal. Rptr. 100

SYLVIA MISIC et al., Plaintiffs and Appellants, v. MARLENE SEGARS et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

August 15, 1995.

Attorney(s) appearing for the Case

COUNSEL

Galindo & Fox and Craig A. Fox for Plaintiffs and Appellants.

Hernandez & Schapiro and David Hernandez, Jr., for Defendants and Respondents.

OPINION

ORTEGA, Acting P.J.

The question presented is whether an order setting aside a default judgment qualifies as a "new trial" order for purposes of Code of Civil Procedure section 583.320, which provides a three-year period within which to again bring the matter to trial when a new trial is granted by the trial court or ordered by an appellate court.1

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