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TOMASSI v. SCARFF

No. H019019.

102 Cal.Rptr.2d 750 (2000)

85 Cal.App.4th 1053

Dino TOMASSI et al., Plaintiffs and Respondents, v. Joseph SCARFF, as Administrator, etc., Defendant and Respondent; Reliance Insurance Company, Movant and Appellant. Giusepina Tomassi, Plaintiff and Respondent, v. Joseph Scarff, Individually and as Administrator, etc., et al., Defendants and Respondents; Reliance Insurance Company, Movant and Appellant.

Court of Appeals of California, Sixth District.

Review Denied March 14, 2001.

Attorney(s) appearing for the Case

Horvitz & Levy and Barry R. Levy and H. Thomas Watson, Encino, O'Melveny & Myers and Martin S. Checov and Stuart C. Plunkett, for Appellant.

Katz & Lapides and Robert Jay Katz and Lisa Jeong Cummins, Capitola, Laura E. Rasmussen, Palo Alto, for Respondents Dino Tomassi, et al.

David R. Finch and Ron Leaf, San Mateo, for Respondent Campbell Towing, Inc.

ELIA, J.

Reliance Insurance Company ("Reliance") appeals from an order denying its motion to vacate a judgment in a wrongful death action against its insured, Campbell Towing, Inc. The trial court determined that Reliance lacked standing as an "aggrieved" party within the meaning of Code of Civil Procedure section 663. We agree with the court's ruling and therefore affirm the order.

Background

Angelo Tomassi, Sr. and Christopher Moreno were...

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