What is a Motion to Vacate Default Judgment?

Useful Rulings on Motion to Vacate Default Judgment

Recent Rulings on Motion to Vacate Default Judgment

CAPITAL ONE VS. ROTHSCHILD

HEARING ON MOTION TO SET ASIDE DEFAULT & VACATE DEFAULT JUDGMENT FILED BY CAPITAL ONE BANK (USA) * TENTATIVE RULING: * Plaintiff has filed a motion to vacate the default judgment entered against the Defendant on May 6, 2011. Plaintiff asserts that its inquiries into this case disclose that someone other than the named defendant against whom the default was taken unlawfully used the credit card in question.

  • Hearing

    Jul 13, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

DAVID IZAKELLIAN VS ADEES KEVORKIAN, ET AL.

CASE NO: 19VECV00672 [TENTATIVE] ORDER RE: MGRDICHIAN’S MOTION TO SET ASIDE/VACATE DEFAULT JUDGMENT Dept. U 8:30 a.m. July 8, 2020 I.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

STRATEGIC ENTERPRISES, INC. VS FELIPE CASALDUC

Defendants' motion to vacate default judgment is Granted in part. CCP sections 473(d), 585(b). It appears Defendants' prior Counsel, David Johnston, represented Defendants in a number of bankruptcy matters as well as at least one other civil matter in two other courts prior to the entry of the instant default judgment. The only claim that prior Defense Counsel abandoned Defendants is in this instant action, which frankly doesn't make any sense.

  • Hearing

    Jul 06, 2020

(NO CASE NAME AVAILABLE)

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

    Jun 29, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

PINNACLE ESTATE PROPERTIES, INC. VS BONANZA.SOLUTIONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Conclusion For the foregoing reasons, Defendant’s motion to quash service of the summons and complaint and to vacate default judgment is GRANTED. Defendant is order to give notice of the Court’s ruling.

  • Hearing

    Jun 25, 2020

(NO CASE NAME AVAILABLE)

. §§ 473(d), 473.5) TENTATIVE RULING: Defendant Rodney Maez’s Motion to Vacate and Vacate Default Judgment is DENIED. ANALYSIS: Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action against Defendant Rodney Maez (“Defendant Rodney”) and Ashley Diane Maez (“Defendant Ashley”) on July 20, 2017. The court entered default judgment against Defendants on August 9, 2018.

  • Hearing

    Jun 24, 2020

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS BYRON A EC

.: BC592069 [TENTATIVE] ORDER RE: MOTION TO VACATE DEFAULT JUDGMENT Date: June 22, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club The Court has considered the moving papers. No opposition papers were filed, and no courtesy copies of any opposition papers were provided to the Court. BACKGROUND Plaintiff filed a complaint arising from an alleged automobile accident.

  • Hearing

    Jun 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CAPITAL ONE VS. SAECHAO

HEARING ON MOTION TO SET ASIDE AND VACATE DEFAULT JUDGMENT FILED BY CAPITAL ONE BANK (U.S.A.), N.A. * TENTATIVE RULING: * The Plaintiff has moved to vacate and set aside a default judgment against the Defendant that was entered on May 4, 2012. Plaintiff confirms that its investigation discloses that the debt was incurred by a third party who committed fraud against the defendant by using the defendant’s credit card account. Under Rappleyea v.

  • Hearing

    Jun 15, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

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

    Mar 13, 2020

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Conclusion & Order For the foregoing reasons, Defendant Michilene Hooks’ Motion to Vacate Default Judgment is DENIED. Moving party is ordered to give notice.

  • Hearing

    Mar 11, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

ESPINOZA VS TAQUERIA EL TAPATIO

s and "Interested Party" Servando Ferreira's Motion to Vacate Default Judgment The court denies Defendant Taqueria El Tapato #3, Inc.'s ("Taqueria") request for an order vacating the default judgment entered in favor of Plaintiff Estela Espinoza and against Defendant Taqueria on September 6, 2017.

  • Hearing

    Mar 09, 2020

WHITE ZUCKERMAN WARSAVSKY LUNA & HUNT, LLP VS SHALOM RUBANOWITZ

Defendant filed the instant motion to vacate default judgment on October 19, 2018. On November 19, 2018, the Court ruled that the motion was untimely because it was filed more than six months after entry of default. Following Plaintiff’s appeal, the Appellate Division issued a remittitur reversing the Court’s November 19, 2018 ruling and ordering the Court to reconsider whether Defendant is entitled to relief from default and default judgment.

  • Hearing

    Feb 27, 2020

(NO CASE NAME AVAILABLE)

Based on the foregoing lack of proper notice, the hearing on Defendant’s Motion to Vacate and Vacate Default Judgment is CONTINUED TO APRIL 21, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. OPPOSITION AND REPLY PAPERS, IF ANY, ARE TO BE FILED AND SERVED IN ACCORDANCE WITH THE CODE OF CIVIL PROCEDURE SECTION. Court clerk to give notice.

  • Hearing

    Feb 26, 2020

CALIFORNIA CASUALTY INDEMNITY EXCHANGE VS AMADOR SAGRERO, AN INDIVIDUAL

Defendant Leonardo Orozco’s Motion to Vacate Default Judgment is DENIED.

  • Hearing

    Feb 20, 2020

FALLBROOK HOSPITAL VS GULLY

Defendant Kelvin Gully's motion to vacate default judgment is taken off calendar for defective service. The motion was not timely served and was mailed to the wrong address. Plaintiff has not opposed this motion. Therefore, objections to defects in service have not been waived. IT IS SO ORDERED. This ruling is the order of the Court, filed as of this date. No formal order is required.

  • Hearing

    Feb 19, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

SHERRY SEITZINGER VS RICHARD LADDEN

MOTION OF PLAINTIFF SHERRY SEITZINGER (PRO PER) TO VACATE DEFAULT JUDGMENT ON THE PLEADINGS BASED ON DISCRETIONARY OR, IN THE ALTERNATIVE, MANDATORY RELIEF PROVISIONS OF CCP 473 NO TENTATIVE RULING There are no moving papers available in the court’s file. The parties are to appear and bring copies of papers pertaining to this motion. The Court will also take the opportunity to conduct a Case Management Conference. ___________________________ _____________________________________________ DATED: HON.

  • Hearing

    Jan 30, 2020

  • Judge

    Presiding

  • County

    Santa Clara County, CA

SHERRY SEITZINGER VS RICHARD LADDEN

MOTION OF PLAINTIFF SHERRY SEITZINGER (PRO PER) TO VACATE DEFAULT JUDGMENT ON THE PLEADINGS BASED ON DISCRETIONARY OR, IN THE ALTERNATIVE, MANDATORY RELIEF PROVISIONS OF CCP 473 NO TENTATIVE RULING There are no moving papers available in the court’s file. The parties are to appear and bring copies of papers pertaining to this motion. The Court will also take the opportunity to conduct a Case Management Conference. ___________________________ _____________________________________________ DATED: HON.

  • Hearing

    Jan 30, 2020

VEROS CREDIT, LLC V. SOUTH COAST CAR COMPANY, INC.

(Plaintiff’s Opposition to Defendants’ Motion to Vacate Default Judgment; 4:20-21.) Plaintiff relies on the declaration of Briana Lara. The declaration of Briana Lara confirms that Plaintiff served Defendant South Coast Car Company, Inc. through the Secretary of State. The declaration of Briana Lara does not establish that Defendants’ lack of notice was due to avoidance of service of process or inexcusable neglect. Watts v.

  • Hearing

    Jan 28, 2020

(NO CASE NAME AVAILABLE)

Cunanan’s Motion to Vacate Default Judgment is CONTINUED to APRIL 9, 2020 at 10:30 a.m. in Department 25. At least 16 court days prior to the new hearing date, Defendant must file and serve supplemental papers addressing the defects in his motion as discussed herein. Failure to comply with the Court’s orders may result in the motion being placed off calendar or denied. ANALYSIS: I.

  • Hearing

    Jan 27, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

CAPITAL ONE BANK V. CARLSON

Plaintiff’s Motion to Set Aside and Vacate Default Judgment and Dismiss with Prejudice. The proof of service filed on June 19, 2009 declares that defendant was personally served the summons and complaint by a registered process server at his home on May 27, 2009. Default was entered on November 5, 2009. A default judgment was entered against defendant in the amount of $2,800.30 on December 24, 2009. The judgment was renewed on November 12, 2019.

  • Hearing

    Jan 24, 2020

KELVIN MURRAY VS RAZAN AMMARI

.: VC067335 HEARING: 1/21/20 JUDGE: OLIVIA ROSALES #11 TENTATIVE ORDER Defendant Ammari’s motion to set aside entry of default and to vacate default judgment is DENIED. Plaintiffs to give NOTICE. Defendant Ammari moves to set aside default pursuant to CCP § 473.

  • Hearing

    Jan 21, 2020

(NO CASE NAME AVAILABLE)

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(d)) TENTATIVE RULING: Defendant Michilene Hooks’ Motion to Vacate Default Judgment is CONTINUED to MARCH 11, 2020 at 10:30 a.m. in Department 94. Background On December 29, 2000, Plaintiff Ford Motor Credit Company (“Plaintiff”) filed an action for breach of contract against Defendant Michilene S. Hooks (“Defendant”). On April 17, 2001, default was entered against Defendant. On April 19, 2001, default judgment was entered against Defendant.

  • Hearing

    Jan 14, 2020

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

MARTIAL ETAME VS WOLFRAM ERMEL

On November 18, 2019, Defendant made a second filing titled “Motion, Notice, Demand, Petition, Application to Set-Aside/Vacate Default-Judgment [etc.]” On January 2, 2020, Plaintiff filed an opposition. No reply was submitted. Legal Standard Relief under section 473(b) is either discretionary or mandatory. Where a party cannot obtain an attorney affidavit of fault, the party may seek discretionary relief under section 473(b) due to “mistake, inadvertence, surprise, or excusable neglect.” (CCP § 473(b).)

  • Hearing

    Jan 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LAMB, NOLAN VS. CITY OF MODESTO

BIRLA, RAMESH KUMAR – Defendant Ramesh Kumar Birla’s Motion to Vacate Default and Vacate Default Judgment – DENIED. Code of Civil Procedure section 473, subsection (b), provides, in pertinent part: “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted.” Defendant Birla failed to provide a draft of his answer or other response to the Complaint with his motion.

  • Hearing

    Jan 10, 2020

FUNDATION GROUP LLC VS YKANG INC

BERNAL #7 TENTATIVE ORDER Plaintiff’s unopposed Motion to Vacate Default Judgment against Defendant YANGKYU KANG is GRANTED. This action is dismissed without prejudice as to Defendant YANGKYU KANG. CCP § 473(d). Moving Party to give notice. No Opposition filed as of December 20, 2019. Plaintiff argues that a default judgment was inadvertently obtained against Defendant KANG on November 19, 2018. Plaintiff was apparently unaware that KANG had filed for Chapter 7 bankruptcy on November 16, 2018.

  • Hearing

    Dec 26, 2019

  • Type

    Collections

  • Sub Type

    Promisory Note

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