Cummings v. Capistrano Terrace
The parties have filed a joint motion to vacate the judgment entered in the superior court. This is the parties’ second motion to vacate the judgment. We initially denied the motion without prejudice because of the parties’ failure to make more than a pro forma request. The renewed motion is less perfunctory, but still fails to provide enough information to allow us to make an informed judgment to justify reversing or vacating a judgment. (Code Civ. Proc., § 128, subd. (a)(8).) Accordingly, we deny the motion and inform the parties of our intent to dismiss the appeal, which appear to have been rendered moot based on the parties’ settlement agreement and the ensuing dismissal of the underlying action.
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