Judge: Joel R Wohlfeil, Case: 37-2022-00010261-CU-BC-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 10, 2023

10/13/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00010261-CU-BC-CTL PLAZA DEL SOL LLC VS HAN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The Motion (ROA # 46) of Defendant Deok Weon Han ('Defendant') for an order setting aside the judgment after trial and recall and quash any Writ of Execution, is DENIED.

The moving memorandum references Code if Civil Procedure section 663, which provides as follows: 'A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.

2. A judgment or decree not consistent with or not supported by the special verdict.' Defendant fails to provide evidence and argument supporting a conclusion that the judgment was incorrect, erroneous or unsupported by the facts.

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