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FRANCOIS v. GOEL

No. S126630.

29 Cal.Rptr.3d 249 (2005)

35 Cal.4th 1094

112 P.3d 636

Philip Le FRANCOIS et al., Plaintiffs and Appellants, v. Prabhu GOEL et al., Defendants and Respondents.

Supreme Court of California.

As Modified June 10, 2005.

Attorney(s) appearing for the Case

Robinson & Wood, Jon B. Zimmerman, Helen E. Williams and Joanna L. Mishler, San Jose, for Plaintiffs and Appellants.

Thomas M. Eells as Amicus Curiae on behalf of Plaintiffs and Appellants.

Reed Smith, Paul D. Fogel, San Francisco; Law Offices of Philip R. McCowan, Philip R. McCowan and John M. Ingle, for Defendants and Respondents.

Skadden, Arps, Slate, Meagher & Flom, Raoul D. Kennedy, Davidson M. Pattiz, San Francisco, Douglas B. Adler, Los Angeles, and Seth M. Schwartz, Walnut Creek, for Citigroup, Inc., and Salomon Smith Barney, Inc., as Amici Curiae on behalf of Defendants and Respondents.

CHIN, J.

In this lawsuit, defendants moved for summary judgment. The trial court denied the motion. More than a year later, some of the defendants again moved for summary judgment on the same grounds. The court granted the second motion. We must decide whether the court had authority to consider the new motion even though it was not based on either new facts or new law. Code of Civil Procedure sections 437c, subdivision...

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