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HEYMAN v. FRANCHISE MORTG. ACCEPTANCE CORP.

No. G030352.

132 Cal.Rptr.2d 465 (2003)

107 Cal.App.4th 921

Jeffrey HEYMAN, Plaintiff and Appellant, v. FRANCHISE MORTGAGE ACCEPTANCE CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, Fourth District.

Review Denied July 9, 2003.

Attorney(s) appearing for the Case

Miller, Starr & Regalia, George B. Speir, Thomas S. McConnell, Walnut Creek; Stanbury, Fishelman, Wisner & Adsit and Bruce C. Fishelman, Los Angeles, for Plaintiff and Appellant.

Baker & Hostetler and Peter W. James, Los Angeles, for Defendants and Respondents.

OPINION

O'LEARY, J.

Jeffrey Heyman appeals the judgment in his breach of contract and fraud action. He had voluntarily dismissed the identical lawsuit eight years earlier after settling with the defendants. Heyman challenges the trial court's refusal to set aside the dismissal of the prior action on the ground it had been procured through extrinsic fraud and he contends the trial court improperly excluded...

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