What is a Motion to Vacate Default Judgment?

Useful Rulings on Motion to Vacate Default Judgment

Recent Rulings on Motion to Vacate Default Judgment

JORGE RAMIREZ VS JORGE DELGADO, ET AL

Defendant Delgado’s motion to vacate default judgment is DENIED. II. Judgment Creditor Judgment Recovery Assistance, LLC’s motion to attach spousal wages is GRANTED. Judgment Creditor to give NOTICE. I. Set Aside Default The original Complaint in this action was filed on 8/20/14. On 2/17/15, default was entered against Defendant Delgado. On 2/20/15, Defendant filed an Answer. Because Defendant’s Answer was filed after entry of default was taken, the Answer is untimely and void.

  • Hearing

    Dec 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

TINA YAN VS. STEVEN R. RHOADS

NATURE OF PROCEEDINGS: MOTION TO SET ASIDE 7 MOTION OF EQUITABLE MOTION TO SET ASIDE AND VACATE DEFAULT JUDGMENT [DEFT] STEVEN R. RHOADS RULING Defendant Steven R, Rhoads’ Equitable Motion to Set Aside Default is DENIED. Defendant has failed to provide a satisfactory explanation for delay, or any evidence of diligence to avoid default.

  • Hearing

    Nov 25, 2020

DIRECT CHASSISLINK VS ROYAL IN

HEARING ON MOTION TO/FOR VACATE DEFAULT JUDGMENT & ENTRY OF DEFAULT FILED BY ROYAL INTERMODAL INC., A CORPORATION * TENTATIVE RULING: * Defendant’s motion for relief from default and default judgment is granted. Defendant shall file and serve its answer by November 20. This is a collections matter for alleged services rendered. Plaintiff served the summons and complaint on defendant’s registered agent for service of process, which was a UPS Store in Hercules.

  • Hearing

    Nov 13, 2020

CROSS AMERICA FINANCIAL LLC VS. JESSE F PILGRAM

Pilgram's Claim of Exemption to Friday November 13, 2020, to be heard after the Court rules on Defendant's Motion to Set Aside Default, Vacate Default Judgment, and Request to Stay execution of Judgment. Moving party to give notice.

  • Hearing

    Nov 10, 2020

HOMEBUDDY DIRECT, LLC VS. AMMAR JAWED, ET AL.

ORDER Defendant Ammar Jawed's Motion to Vacate Default Judgment and Motion to Consolidate came on regularly for hearing on November 06, 2020, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: THE MOTION TO VACATE DEFAULT JUDGMENT IS DENIED. THE MOTION TO CONSOLIDATE IS OFF CALENDAR. DATE: _______________ _______________________________ JUDGE

  • Hearing

    Nov 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GE REALPROP L.P., A CALIF. LIMITED PARTNERSHIP VS MICHAEL E. GREEN, ET AL.

Conclusion Based on the foregoing, Marinelli’s motion to set aside default and vacate default judgment is granted. The default entered against Marinelli is ordered set aside, and the default judgment entered against Marinelli is ordered vacated. Marinelli is ordered to give notice of this Order. DATED: November 5, 2020 ________________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court

  • Hearing

    Nov 05, 2020

QUICK BRIDGE FUNDING VS. GRANGER

Motion to Set Aside/Vacate Default Judgment Ruling: Off Calendar – no hearing will be held. Defendant Christopher Brian Granger’s unopposed Motion to Vacate Judgment is GRANTED. Pursuant to Code of Civil Procedure section 473(b), the court is empowered to relieve a party “upon such terms as may be just ... from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.”

  • Hearing

    Oct 30, 2020

WELLS FARGO BANK, N.A. VS NICOLE TEAGUE

LEGAL AUTHORITY Vacate default judgment CCP §473.5(a) states, in relevant part: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.

  • Hearing

    Oct 30, 2020

  • Type

    Collections

  • Sub Type

    Collections

JB HOME IMPROVEMENT INC VS SALAS

The motion is moot in light of the court denying Defendant's motion to set aside default and vacate default judgment elsewhere on today's calendar.

  • Hearing

    Oct 29, 2020

  • Type

    Contract

  • Sub Type

    Breach

MORALES VS HERBERT

A little over five months later, on August 13, 2019, Defendant filed a Motion to Set Aside Default and Vacate Default Judgment – as well as a Peremptory Challenge to Judge Dahlquist. The hearing on that motion came on-calendar on October 11, 2019 and was taken under submission. Thereafter, this Court issued a final ruling granting the motion on October 24, 2019.

  • Hearing

    Oct 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JB HOME IMPROVEMENT INC VS SALAS

Defendant Katharine Salas ("Defendant")'s motion to set aside default and vacate default judgment is denied. Plaintiff JB Home Improvement, Inc. ("Plaintiff")'s sanctions request is denied. Defendant's motion is procedurally deficient in two respects. First, Defendant failed to provide proper notice of the motion. The proof of service indicates that she served Plaintiff's counsel with the motion via U.S. mail on October 9, 2020 – less than 21 court days before the hearing. See Cal. Code Civ. P. § 1005(b).

  • Hearing

    Oct 29, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOLDEN EAGLE INSURANCE CORPORATION VS WEST COAST PLASTICS IN

On July 14, 2020, Defendant’s motion to vacate default judgment was granted. The court ordered the March 21, 2019 entry of judgment vacated and ordered Defendant to file an answer within 30 days. On August 26, 2020, Plaintiff filed a Request for Dismissal of the entire action, without prejudice. On October 14, 2020, Defendant filed an answer to the Complaint.

  • Hearing

    Oct 27, 2020

SIMI VALLEY WHOLESALE ELECTRIC SUPPLY, INC., A CALIFORNIA CORPORATION VS B MITCHELL ELECTRIC, A CALIFORNIA CORPORATION, ET AL.

F-47 Date: 10/23/20 Case #20CHCV00096 MOTION TO SET ASIDE DEFAULT & TO VACATE DEFAULT JUDGMENT Motion filed on 9/8/20. MOVING PARTY: Defendants B Mitchell Electric and Bryan Mitchell RESPONDING PARTY: Plaintiff Simi Valley Wholesale Electric Supply, Inc. NOTICE: ok RELIEF REQUESTED: An order vacating the default judgment entered against Defendants on 7/28/20 and setting aside the default entered against them on 4/17/20. RULING: The motion is granted.

  • Hearing

    Oct 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

THE EPHRAIM & HILDA FEY FAMILY L.P. VS GREG GALLETLY ET AL

[Tentative] Order RE: cross-defendant babBb, llc’s motion to vacate default judgment on second amended cross-complaint AND RELATED CROSS-ACTIONS MOVING PARTY: Cross-defendant and judgment debtor BABBB, LLC RESPONDING PARTY: Assignee and judgment creditor WVJP 2017-1, L.P. Cross-Defendant BABBB, LLC’s Motion to Vacate Default Judgment On Second Amended Cross-Complaint The court considered the moving, opposition, and reply papers.

  • Hearing

    Oct 23, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

ERIK LUDWICK, ET AL. VS JOHN SANTILLI, ET AL.

Therefore, the motion to vacate default judgment is GRANTED in part only as to the default judgment. Plaintiffs must elect a remedy of either (a) compensatory damages or (b) a declaration of rights and ownership. Plaintiffs are to submit a new default judgment package. The Court also finds that Defendants are not entitled to relief under Code of Civil Procedure section 473(b).

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

PORTFOLIO RECOVERY ASSOCIATES V. RUBY CROWDER

Plaintiff filed the first motion to vacate default judgment on July 8, 2020, with an original hearing for August 18, 2020, and thereafter seeking a dismissal. Plaintiff indicated that it was made aware that defendant debtor had filed a Chapter 7 bankruptcy petition on February 10, 2020. The court took the matter off calendar on August 18, 2020, because no appearance had been made.

  • Hearing

    Oct 20, 2020

MCWILLIAMS V. BENEDETTO

Motion to Quash Service of Summons Motion to Set Aside Default & Vacate Default Judgment I.

  • Hearing

    Oct 19, 2020

LUIS RODRIGUEZ VS. SECRET RECIPES, INC.

) · On 5/16/16, Defendant filed a motion to vacate default judgment, which the Court denied on 7/8/16. On 12/12/18, Defendant filed a second motion to vacate default judgment, which the Court denied on 2/8/19. Defendant filed a Notice of Appeal on this order (“Appeal No. 3”). (Pl.’s RJN, Ex. 2.) · On 5/22/19, Plaintiff filed a motion to dismiss Defendant’s appeal as to Appeal Nos. 1-3.

  • Hearing

    Oct 16, 2020

  • County

    Los Angeles County, CA

KENNETH NTIM VS AARON GUERRA

JUDGMENT: 02-08-19 PROCEEDINGS: MOTION TO VACATE DEFAULT JUDGMENT AGAINST DEFENDANT AARON GUERRA MOVING PARTY: Defendant Aaron Guerra RESP. PARTY: None MOTION TO SET ASIDE/VACTE DEFAULT JUDGMENT (CCP §§ 473, 473.5) TENTATIVE RULING: Defendant Aaron Guerra’s Motion to Vacate Default and Default Judgment is GRANTED. The default entered on January 24, 2019 and default judgment entered on February 8, 2019 are HEREBY VACATED.

  • Hearing

    Oct 13, 2020

ROK MOBILE, INC. VS SCHAD BRANNON

.: 19SMCV01492 MOTION: Defendant’s Motion to set aside default and vacate default judgment DATE: 10/9/2020 BACKGROUND On August 23, 2019, Plaintiff Rok Mobile, Inc. filed this action against Defendant Schad Brannon. Plaintiff filed a Proof of Service on September 30, 2019 indicating that Defendant was served by substituted service on September 16, 2019. (See 9/30/2019 Proof of Service.) The complaint and other case documents were mailed on September 17, 2019.

  • Hearing

    Oct 09, 2020

FC MARKETPLACE, LLC VS SPN INVESTMENTS, INC

On 7/21/20, this court denied Defendant’s motion to vacate default judgment, finding that Plaintiff substantially complied with the service of summons statutes pursuant to Gibble v. Car-Lene Research, Inc. (1998) 67 CA4th 295, 313. Plaintiff served the notice of ruling by electronic service on 7/29/20. Pursuant to CCP § 1008, the deadline to file and serve the motion is 10 days thereafter landing on 8/8/20, a Saturday. Per CRC § 1.10(a), if the last day lands on a Saturday, then it is also excluded.

  • Hearing

    Sep 29, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

2 COOPER SQUARE, LLC VS JOSHUA SINGER

.: 20STCP00121 Hearing Date: 9/28/2020 [TENTATIVE] RULING RE: Defendant’s Motion to Vacate Default Judgment Judgment Debtor Joshua Singer’s motion to vacate default judgment is granted. Legal Standard The entry of a sister state judgment may only be vacated by establishing a defense under Code of Civil Procedure, section 1710.40. (CCP § 1710.40; see Liquidator of Integrity Ins. Co. v. Hendrix (1997) 54 Cal.App.4th 971, 973.)

  • Hearing

    Sep 28, 2020

(NO CASE NAME AVAILABLE)

PARTY: Plaintiff City of Los Angeles MOTION TO SET ASIDE/VACATE DEFAULT JUDGMENT (CCP § 473.5 ) TENTATIVE RULING: Defendant Victor Cirrincione’s Motion to Set Aside Default Judgment is DENIED.

  • Hearing

    Sep 28, 2020

LUIS RODRIGUEZ VS. SECRET RECIPES, INC.

) · On 5/16/16, Defendant filed a motion to vacate default judgment, which the Court denied on 7/8/16. On 12/12/18, Defendant filed a second motion to vacate default judgment, which the Court denied on 2/8/19. Defendant filed a Notice of Appeal on this order (“Appeal No. 3”). (Pl.’s RJN, Ex. 2.) · On 5/22/19, Plaintiff filed a motion to dismiss Defendant’s appeal as to Appeal Nos. 1-3.

  • Hearing

    Sep 25, 2020

  • County

    Los Angeles County, CA

AMERICAN CONTRACTORS INDEMNITY COMPANY, VS JORES BAGHOOMIAN

Conclusion Defendant Jores Baghoomian’s Motion to Vacate Default Judgment is DENIED. Plaintiff to give notice. Defendant Jores Baghoomian’s Motion to Vacate Default Judgment is DENIED.

  • Hearing

    Sep 21, 2020

  • County

    Los Angeles County, CA

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