What is a Motion to Vacate Default Judgment?

Useful Rulings on Motion to Vacate Default Judgment

Recent Rulings on Motion to Vacate Default Judgment

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

AMERICAN CONTRACTORS INDEMNITY COMPANY, VS JORES BAGHOOMIAN

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

  • Hearing

    Sep 21, 2020

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

The Court having denied Defendant’s first and second Motions to Vacate Default Judgment, and the Appellate Division having affirmed the Court’s January 9, 2019 order denying the first Motion to Vacate Default Judgment, the Court finds Defendant’s third Motion to Vacate Default Judgment, etc. to be an improper motion for reconsideration of the first and second Motions to Vacate Default Judgment.

  • Hearing

    Sep 03, 2020

  • County

    Los Angeles County, CA

FALLBROOK HOSPITAL VS GULLY

Judgment Debtor/Defendant Kevin Gully's Motion to Vacate Default Judgment is taken off calendar for defective service. This is Defendant's second attempt to vacate the default judgment entered against him in October 2006. His first motion was taken off calendar on February 21, 2020, because he had untimely served the motion and had mailed it to the wrong address. The current motion was timely served. However, Defendant mailed the current motion to precisely the same wrong address for Plaintiff's counsel.

  • Hearing

    Sep 03, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CALIFORNIA CASUALTY INDEMNITY EXCHANGE VS AMADOR SAGRERO, AN INDIVIDUAL

MOTION TO SET ASIDE DEFAULT JUDGMENT (CCP §§ 473(b), 473.5) TENTATIVE RULING: Defendant Leonardo Orozco’s Motion to Vacate Default Judgment and Defendant Armado Sagrero’s Motion to Vacate Default Judgment are PLACED OFF CALENDAR. ANALYSIS: On September 25, 2017, Plaintiff California Casualty Indemnity Exchange (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Amador Sagrero (“Defendant Sagrero”) and Leonardo Orozco (“Defendant Orozco”).

  • Hearing

    Sep 03, 2020

  • County

    Los Angeles County, CA

AMERICAN TIRE DISTRIBUTORS, INC. VS 1ST AMERICAN FINANCIAL INC, ET AL.

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(b)) TENTATIVE RULING: Defendant Shake Sharon Daghlian’s Motion to Vacate Default Judgment is GRANTED. DEFENDANT SHAKE SHARON DAGHLIAN IS TO FILE AND SERVE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER. ANALYSIS: Plaintiff American Tires Distributors, Inc.

  • Hearing

    Sep 02, 2020

  • County

    Los Angeles County, CA

AMERICAN TIRE DISTRIBUTORS, INC. VS 1ST AMERICAN FINANCIAL INC, ET AL.

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(b)) TENTATIVE RULING: Defendant Shake Sharon Daghlian’s Motion to Vacate Default Judgment is GRANTED. DEFENDANT SHAKE SHARON DAGHLIAN IS TO FILE AND SERVE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER. ANALYSIS: Plaintiff American Tires Distributors, Inc.

  • Hearing

    Sep 02, 2020

CAVALRY SPV I VS JUAREZ

The hearing on Defendant Nutt's motion to vacate default judgment is taken off calendar for defective service. No proof of service has been filed with Defendant's motion. Plaintiff has not opposed the 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

    Aug 27, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CAVALRY SPV I, LLC, AS ASSIGNEE OF HSBC BANK NEVADA, N.A. \ SUZUKI VS. NUTT

The hearing on Defendant Nutt's motion to vacate default judgment is taken off calendar for defective service. No proof of service has been filed with Defendant's motion. Plaintiff has not opposed the 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

    Aug 27, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

JOHN THALER VS. TARZANA FALLS HOA, ET AL

Judicial Notice Defendants request that the Court take judicial notice of: (1) Notice of Motion, Motion to Set Aside/Vacate Default Judgment, Memorandum of Points & Authorities, and Declaration of John H. Thaler in Case Number 11E11652; (2) Exhibits N, F, and G to the Declaration of John H.

  • Hearing

    Aug 25, 2020

S.L. CONTOURSI, INC. V. LIQUID BUILLION CAC, LLC

Lee) Motion to Set Aside Default and Vacate Default Judgment, filed on 7-21-20 under ROA No. 101. The court finds that the default judgment is void due to improper service as discussed above., is GRANTED. Defendants are to give notice.

  • Hearing

    Aug 18, 2020

MICAELA LEYVA VS. KAREN BACA AN INDIVIDUAL

The opposition argues, and the reply concedes, that the Judgment upon which the moving papers rely, was not the final judgment in that matter, but that the Judgment relied upon was subsequently set aside by the court in the unlawful detainer matter on April 12, 2016, when the court granted an ex parte motion to vacate default judgment, with the matter ultimately being resolved through an order dismissing the case with prejudice on June 24, 2016.

  • Hearing

    Aug 14, 2020

  • Type

    Real Property

  • Sub Type

    other

STEVE KOTT VS NATALIA BENSHAW, ET AL.

On March 12, 2020, defendants filed a motion to set aside and/or vacate default judgment. On March 16, 2020, defendants filed a “first amended” version of their motion to set aside default judgment. The court notes as a preliminary matter that these documents are mislabeled given that no judgment has been entered against defendants, although their defaults were entered on August 5, 2019.

  • Hearing

    Aug 12, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FIRST INVESTORS VS MENDOZA; BR

HEARING ON MOTION TO/FOR VACATE DEFAULT JUDGMENT FILED BY FIRST INVESTORS SERVICING CORPORATION, ATTO RN * TENTATIVE RULING: * Plaintiff moves to vacate a Default Judgment entered against the Defendant on March 9, 2020. Plaintiff alleges that the Defendant filed for bankruptcy on March 6, 2020 and that filing automatically stayed the proceedings in this case and precluded the entry of a default judgment. The motion to vacate the default judgment is granted and the case is reinstated.

  • Hearing

    Aug 10, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

(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

    Aug 05, 2020

NORA MENDOZA VS. KAREN BACA, AN INDIVIDUAL

The opposition argues, and the reply concedes, that the Judgment upon which the moving papers rely, was not the final judgment in that matter, but that the Judgment relied upon was subsequently set aside by the court in the unlawful detainer matter on April 12, 2016, when the court granted an ex parte motion to vacate default judgment, with the matter ultimately being resolved through an order dismissing the case with prejudice on June 24, 2016.

  • Hearing

    Jul 31, 2020

MICAELA LEYVA VS. KAREN BACA AN INDIVIDUAL

The opposition argues, and the reply concedes, that the Judgment upon which the moving papers rely, was not the final judgment in that matter, but that the Judgment relied upon was subsequently set aside by the court in the unlawful detainer matter on April 12, 2016, when the court granted an ex parte motion to vacate default judgment, with the matter ultimately being resolved through an order dismissing the case with prejudice on June 24, 2016.

  • Hearing

    Jul 31, 2020

  • Type

    Real Property

  • Sub Type

    other

2 COOPER SQUARE, LLC VS JOSHUA SINGER

Discussion Movant Joshua Singer moves to vacate default judgment on grounds that the New York Supreme Court, County of Westchester, which granted default judgment against him on August 16, 2017 in the action 2 Cooper Square LLC v. Joshua Singer (Index No. 67146/2016), had no jurisdiction over him, as he had not been served with summons in that action; and alternatively on grounds of excusable default. An opposition has not been filed.

  • Hearing

    Jul 29, 2020

BANK OF AMERICA, N.A. VS ARMENUI SAMVELIAN

19STCV24891 BANK OF AMERICA vs ARMENUI SAMVELIAN Defendant Armenui Samvelian’s Unopposed Motion to Set Aside and Vacate Default Judgment TENTATIVE RULING: The motion is GRANTED. Defendant may file an answer within 20 days. The Court entered the default judgment because the Defendant failed to appear in this action; however, Defendant alleges she is a victim of identity theft and resides in Orange County.

  • Hearing

    Jul 23, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

(NO CASE NAME AVAILABLE)

FILED: 02-10-12 CASE NUMBER: LAM12K02327 DEFAULT: 07-20-12 NOTICE: OK DEFAULT JDMT: 07-24-12 PROCEEDINGS: MOTION TO VACATE DEFAULT JUDGMENT MOVING PARTY: Defendant Glenn D. Cunanan RESP. PARTY: None MOTION TO SET ASIDE/VACATE DEFAULT AN DEFAULT JUDGMENT (Equitable Relief) TENTATIVE RULING: Defendant Glenn D. Cunanan’s Motion to Vacate Default Judgment is GRANTED ON THE CONDITION that Defendant files a verified version of the proposed answer within ten (10) days of this order.

  • Hearing

    Jul 23, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

KENNETH NTIM VS AARON GUERRA

MOTION TO SET ASIDE/VACTE DEFAULT JUDGMENT (CCP §§ 473, 473.5) TENTATIVE RULING: Defendant Aaron Guerra’s Motion to Vacate Default Judgment is CONTINUED TO 0CTOBER 13, 2020 at 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

  • Hearing

    Jul 22, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

WASHINGTON V. TSERING, ET AL.

(1) Motion by CSAA for Leave to File Complaint in Intervention; (2) Motion by CSAA to Vacate Default Judgment of Defendant TSERING TENTATIVE RULING Parties are to appear via Zoom.

  • Hearing

    Jul 22, 2020

TBF FINANCIAL I LLC VS HEMET SAN JACINTO VALLEY CH

On 1/23/19 Defendant filed a motion to vacate default judgment based on lack of service, which was denied. Plaintiff asserts that there is no admissible evidence to support this motion; no proper declaration was submitted. Plaintiff objects to the evidence submitted in support of the motion on grounds of lack of personal knowledge; lack of authentication; lack of foundation; and hearsay.

  • Hearing

    Jul 21, 2020

NATIONAL FUNDING, INC. V. TIMBERLINE LAWN AND LANDSCAPE. LLC

Motion to Set Aside/Vacate Default and Judgment The Motion by Defendant Loth Bounlatay (“Defendant”) to set aside/vacate default judgment is DENIED. The request by Plaintiff National Funding, Inc. (“Plaintiff”) for judicial notice of Exhibit A (a document filed in federal court) is granted. Evid. Code § 452(d). However, the Court takes judicial notice of the existence of the document and not the truth of the statements therein. Tenet Healthsystem Desert, Inc. v.

  • Hearing

    Jul 20, 2020

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