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H.D. ARNAIZ, LTD. v. COUNTY OF SAN JOAQUIN

No. C035433.

118 Cal.Rptr.2d 71 (2002)

96 Cal.App.4th 1357

H.D. ARNAIZ, LTD., Plaintiff and Respondent, v. COUNTY OF SAN JOAQUIN, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied June 19, 2002.

Attorney(s) appearing for the Case

Freeman, D'Aiuto, Pierce & Gurev, Maxwell M. Freeman, Ronald J. D'Aiuto and Thomas H. Keeling, Stockton, for Defendant and Appellant.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Kenneth G. Hausman, Pamela K. Fulmer, Amy E. Margolin and Deborah A. Kane, San Francisco, for Plaintiff and Respondent.

MORRISON, J.

County of San Joaquin appeals from the order granting H.D. Arnaiz, Ltd.'s motion to vacate its voluntary dismissal of an action against the County of San Joaquin (County). Arnaiz moves to dismiss the appeal on the grounds that the County accepted the benefit of the judgment; the order is not appealable; and the appeal is untimely. We conclude an order granting a motion to vacate a voluntary dismissal is...

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