Harth v. Ten Eyck – Case Brief Summary (California)

In Harth v. Ten Eyck (1941) 16 Cal.2d 829, the trial court granted a renewed motion to set aside the stipulated dismissal of a defendant.

The California Supreme Court rejected the contention that the renewed motion was barred by res judicata and that the trial court lacked authority to revisit its final dismissal order and final postjudgment order that initially denied the motion to set aside the dismissal. (Id. at pp. 832-834.)

The Supreme Court stated, "the fact that the order of dismissal was appealable would not make an appeal therefrom the exclusive method of attacking it. The trial court on a proper motion, timely made, could set it aside." (Id. at p. 832.)