Defaulting parties have limited new trial motion rights; statute regarding trafficking of stolen goods read broadly
Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. v. Farkhondehpour that a party in default has standing to file a new trial motion asserting legal error relating to calculation of damages and that treble damages and attorney’s fees can be awarded under Penal Code section 496, subdivision (c), in a case involving, not trafficking of stolen goods, but instead, fraudulent diversion of a partnership’s cash distributions.
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