CADLE CO. II, INC. v. SUNDANCE FINANCIAL

No. D049679.

64 Cal.Rptr.3d 824 (2007)

154 Cal.App.4th 622

The CADLE COMPANY II, INC., Plaintiff and Appellant, v. SUNDANCE FINANCIAL, INC. et al., Defendants and Respondents.

Court of Appeal of California, Fourth District, Division One.

August 24, 2007.


Attorney(s) appearing for the Case

Brewer & Brewer, Templeton Briggs and James R. Knoles, Newport Beach, for Plaintiff and Appellant.

Kirby, Noonan, Lance & Hoge, Ethan T. Boyer, Jason M. Kirby, San Diego, Law Office of William E. O'Nell and William E. O'Nell, San Jose, for Defendants and Respondents.


McINTYRE, J.

In this appeal we address the question of when the ten-year statute of limitations begins to run on an action to renew a stipulated judgment. (Code Civ. Proc, § 337.5, subd. (3), all undesignated statutory references are to this code unless otherwise specified.) We conclude that the limitations period begins to run when the trial court enters the stipulated judgment, unless the parties agreed to the judgment for the purpose of facilitating an appeal...

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