California Supreme Court

Siry Investment, L.People v. Farkhondehpour

July 21, 2022

Summary

The court held that a defendant whose default has been entered may seek a new trial, more precisely a new judgment hearing, to challenge legal errors in the calculation or award of damages. It also held that Penal Code section 496(c) authorizes treble damages and attorney's fees when partnership funds were fraudulently diverted in a manner constituting theft, even though the dispute arose from an existing partnership relationship. The court affirmed the standing ruling, reversed the contrary statutory interpretation, and remanded for further proceedings.