Vincent vs. Pourtemour

Plaza 580 SC LP (2022) 85 Cal.App.5th 252, 262– 264.)

Plaintiff here seeks to assert that the latter “concealed hazard” exception but has failed to allege facts to show how that could be so.

Mercy shall give notice.

314 Vincent vs. Ryan Pourtemour’s motion to vacate the stipulation Pourtemour and order discharging Bridgepointe Technologies, Inc. is DENIED.

Pourtemour seeks to vacate the May 4, 2022 Order which was entered based upon the stipulation of the parties. (ROA 164.) The motion is brought pursuant to Code of Civil Procedure sections 473(d) and 386. (Motion at 3:5-6.)

Pourtemour seeks to vacate the stipulation and order entered May 4, 2022 “to the extent it discharged and dismissed Bridgepointe Technologies, Inc. (Bridgepointe) as interpleader plaintiff from this action.” (Motion at 2: 7-9)

Code of Civil Procedure 473(d) states, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

Pourtemour argues the order is void because based on extrinsic fraud. Based on the Court’s review of the evidence and briefs submitted by the parties, as well as the Court’s file in this matter, the Court does not find evidence of fraud to warrant vacating the May 4, 2022 Order under Code of Civil Procedure section 473(d). Also, to the extent the motion is brought pursuant to Code of Civil

Procedure section 386, that code section does not warrant vacating the May 4, 2022 Order.

Pourtemour also requests in the motion that the Court enter various discovery related orders. For example, Pourtemour requests the court order Bridgepointe to identify documents, identify commissions, and provide various information regarding commissions. (Motion at 2:13-3:3) The Code of Civil Procedure provides a comprehensive set of rules for obtaining discovery. Such relief is not warranted under Code of Civil Procedure section 473(d).

The clerk shall give notice.