On Monday morning, the Supreme Court will file its opinion in California Capital Insurance Company v. Hoehn. (Briefs here; oral argument video here.)
California Capital is expected to answer these questions: (1) Is there a time limitation for filing a motion under Code of Civil Procedure section 473, subdivision (d) to vacate a judgment that is allegedly void based on extrinsic evidence? (2) In the alternative, does an equitable motion to vacate an allegedly void judgment for lack of service require proving intentional bad conduct in order to show extrinsic fraud? The court granted review in January 2023. More about the case here and here.
The opinion will be the last in the three cases argued in September. Other argued but undecided cases are the four that were on the October calendar (opinions due by January 6, 2025) and the three that were argued in November (opinions due by February 3, except for the People v. Hin death penalty appeal, in which the opinion isn’t due until February 6 because of supplemental briefing completed soon after oral argument).
The California Capital opinion can be viewed Monday starting at 10:00 a.m.