DKN Holdings v. Neel CA4/2

Filed 4/9/14 DKN Holdings v. Neel CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

DKN HOLDINGS LLC,

Plaintiff and Appellant, E056497

v. (Super.Ct.No. RIC1109512)

MATTHEW NEEL, OPINION

Defendant and Respondent.

APPEAL from the Superior Court of Riverside County. John Vineyard, Judge.

Affirmed.

Prenovost, Normandin, Bergh & Dawe, Michael G. Dawe and Paula M. Harrelson

for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

I. DISCUSSION

This is the third appeal by plaintiff DKN Holdings LLC (DKN) in this action. By

this appeal, DKN seeks to reverse a postjudgment order dismissing DKN’s complaint for

1

monies due under a commercial lease against defendant Matthew Neel, a colessee on the

lease. We affirm the order dismissing Neel.

Neel’s default was entered in the present action after he was served with DKN’s

complaint, but failed to appear. Thereafter, the trial court entered judgment in favor of