What is a Motion to Vacate Default Judgment?

Useful Resources for Motion to Vacate Default Judgment

Recent Rulings on Motion to Vacate Default Judgment

101-125 of 465 results

CROWN ASSET MANAGEMENT V. BISHOP

Motion to Vacate Default Judgment and Set Aside Default TENTATIVE RULING The motion is granted based upon an attorney affidavit of default. The Court exercises its discretion to grant relief based upon “mistake, inadvertence, surprise, or excusable neglect.” Relief is conditioned upon the following: Defendant’s actual answer must be filed (i.e. not merely lodged as it is now) within ten court days of the hearing on this motion.

  • Hearing

    Oct 17, 2019

VELOCITY INVESTMENTS V. BISHOP

Motion to Vacate Default Judgment and Set Aside Default TENTATIVE RULING The motion is granted based upon an attorney affidavit of default. The Court exercises its discretion to grant relief based upon “mistake, inadvertence, surprise, or excusable neglect.” Relief is conditioned upon the following: Defendant’s actual answer must be filed (i.e. not merely lodged as it is now) within ten court days of the hearing on this motion.

  • Hearing

    Oct 17, 2019

(NO CASE NAME AVAILABLE)

Garabedian, et al MOTION TO VACATE DEFAULT (CCP § 473.5) TENTATIVE RULING: Defendant Sevag Garabedian’s Motion to Vacate Default Judgment is CONTINUED TO NOVEMBER 13, 2019 AT 19:30 AM IN DEPARTMENT 94. ANALYSIS: In October 2002, Plaintiff Providian National Bank (“Plaintiff”) filed the instant action against Defendant Sevag Garabedian (“Defendant”). Following Defendant’s failure to file a responsive pleading, the court entered his default and default judgment.

  • Hearing

    Oct 02, 2019

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

XIAOMIN XING VS SOUTH GATE PS, LLC

Defendant Grace Su’s MOTION TO VACATE DEFAULT JUDGMENT Responding Party: Plaintiff, Xiaomin Xing. 2. Defendant Meiguo Investment Group, LLC’s MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT Responding Party: Plaintiff, Xiaomin Xing. Tentative Ruling 1. Defendant Grace Su’s Motion to Vacate Default Judgment is DENIED. 2. Defendant Meiguo Investment Group, LLC’s Motion to Vacate Default and Default Judgment is DENIED.

  • Hearing

    Sep 27, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

(NO CASE NAME AVAILABLE)

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(b)) TENATIVE RULING: Plaintiff Portfolio Recovery Associates, LLC’s Motion to Vacate Default Judgment is GRANTED. ANALYSIS: On March 28, 2011, Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) filed the instant collections action against Defendant Francisco M. Perez (“Defendant”). Default was entered on June 7, 2011, and default judgment was entered on June 9, 2011.

  • Hearing

    Sep 23, 2019

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

TRESSLER, STEVEN VS. AMERIFI MORTGAGE

Defendants Sepehr Khanian, Steven Hall, Parliament Financial Group, Summit Research Firm, Incorporated, and Nationwide Consumer Solutions’ Motion to Set Aside and Vacate Default Judgment – GRANTED, and unopposed. The Court finds that the moving Defendants have submitted sufficient evidence to entitle them to the relief requested. The default judgment entered against them shall be set aside. CV-18-004241 – FLORES, SYLVIA VS.

  • Hearing

    Sep 18, 2019

NORTHERN CALIFORNIA COLLECTION SERVICE, INC. VS. MILTON A. PACAS

NATURE OF PROCEEDINGS: MOTION TO SET ASIDE — DEFAULT AND VACATE DEFAULT JUDGMENT [DEFT] MILTON A. PACAS RULlNG Defendant’s motion to set aside default and default judgment is denied, Defendant has not made a showing of mistake. His statement that he did not have time to respond does not support a finding that he was mistaken as to his duty to respond. Rather, it indicates he knew he needed to respond but did not do so.

  • Hearing

    Sep 13, 2019

PARTIES’ NAMES NOT DISCLOSED PER CODE CIV. PROC., § 1161.2(A)(1)]

Motion to Set Aside Default and Vacate Default Judgment Appearance required.

  • Hearing

    Sep 03, 2019

  • County

    Merced County, CA

MORIS SAKHAI VS TSENDEEKHUU GANBAATAR

TENTATIVE RULING: Defendant Tsendeekhuu Ganbaatar dba A & B Auto Electric’s Motion to Vacate Default Judgment is GRANTED. Pursuant to Code of Civil Procedure section 473, subdivision (d), the entry of default and default judgment are hereby vacated. ANALYSIS: On October 18, 2017, Plaintiff Moris Sakhai (“Plaintiff”) filed this action against Defendant Tsendeekhuu Ganbaatar dba A & B Auto Electric (“Defendant”).

  • Hearing

    Aug 26, 2019

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Medline Management Corp. v Braga Motion to Vacate Default Judgment Calendar: 06 Case No.: 19BBCV00535 Hearing Date: August 23, 2019 Action Filed: June 18, 2019 Trial Date: Not Set MP: Defendants Lifetouch Care, Inc.; Perfecto Braga RP: N/A ALLEGATIONS: The instant action is a commercial unlawful detainer action arising out of Defendants Lifetouch Care, Inc.

  • Hearing

    Aug 23, 2019

AMERICAN RECOVERY SERVICE INCORPORATED VS SAMUEL GARCIA

s Motion to Vacate Default Judgment is DENIED. (ROA 21.) Plaintiff is not seeking to vacate a default judgment and resume litigation, but to amend a final judgment. Code of Civil Procedure section 473(b) does not authorize such relief. Further, Plaintiff has not cited sufficient legal authority for the court to conclude it has jurisdiction to amend judgment under the circumstances presented here.

  • Hearing

    Aug 22, 2019

  • Type

    Collections

  • Sub Type

    Collections

HEIDI D LONZAGA VS MARGE ORDIALES, ET AL.

Although reserved as a Motion to Vacate Default Judgment, Plaintiff appears to be requesting default judgment against Defendants. The Motion, however, is procedurally defective in a number of respects. First, as default has not been entered against Defendants, the request for default judgment is premature. (Code Civ. Proc., § 585, subd. (a).) Additionally, Plaintiff has not demonstrated service of the instant motion on Defendants as required by due process. (See Code Civ. Proc., § 1005.)

  • Hearing

    Aug 22, 2019

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

XIAOMIN XING VS SOUTH GATE PS, LLC

(KC070456) _____________________________________________ Defendant Grace Su’s MOTION TO VACATE DEFAULT JUDGMENT Responding Party: Plaintiff, Xiaomin Xing. Tentative Ruling Defendant Grace Su’s Motion to Vacate Default Judgment is DENIED.

  • Hearing

    Aug 16, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LUIS RODRIGUEZ VS. SECRET RECIPES, INC.

., ¶12.)[1] On July 9, 2019, the Court of Appeal denied Plaintiff’s motion to dismiss as to Defendant’s appeal of the motion to vacate default judgment, but granted the motion as to Plaintiff’s motion to compel, such that there was no longer a stay as to the motion to compel. (Id., ¶16.) Finally, Mr. Ganji states that on July 26, 2019, his office served supplemental responses to Plaintiff’s requests for production—which he states was done shortly after the Court of Appeal’s July 9, 2019 decision.

  • Hearing

    Aug 16, 2019

  • County

    Los Angeles County, CA

NEBORSKY VS WALSH

Defendant Soonyoung Walsh's Motion to Vacate Default Judgment is granted. Defendant shall file her proposed answer on or before August 30, 2019. Plaintiff's request attorney's fees is denied.

  • Hearing

    Aug 15, 2019

  • Type

    Contract

  • Sub Type

    Breach

RAZZARI FORD VS. BRITANY RIOS

Defendant’s Motion to Vacate Default Judgment Appearance required.

  • Hearing

    Aug 09, 2019

  • County

    Merced County, CA

PENG CHEN ET AL VS UNITED FAITH ENTERPRISE INC ET AL

On May 14, 2019, Plaintiffs filed a motion for reconsideration of this Court’s April 26, 2019 order with respect to Defendant’s motion to set aside default and vacate default judgment.

  • Hearing

    Aug 02, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

(NO CASE NAME AVAILABLE)

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(d)) TENTATIVE RULING: Defendant Mark Varela’s Motion to Vacate Default Judgment is GRANTED. SUMMARY OF COMPLAINT: Action for breach of automobile purchase agreement. OPPOSITION: Filed on January 24, 2019. REPLY: Filed on February 14, 2019. ANALYSIS: On July 3, 2017, Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed this action against Defendant Mark Varela (“Defendant”).

  • Hearing

    Jul 29, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

On May 31, 2018, the court denied Judgment Debtors’ Motion to Vacate Default Judgment. Judgment Creditor filed the instant motion for attorneys’ fees on April 8, 2019. To date, no opposition has been filed. Code of Civil Procedure section 685.040 states: “The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law.

  • Hearing

    Jul 29, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

RUBEN SANDOVAL, ET AL., VS. ETHEL VALLEY, LLC

RELIEF REQUESTED: Vacate default judgment in this action FACTUAL BACKGROUND: Plaintiffs Ruben Sandoval and New Harvest Christian Fellowship allege that while they were lessees of premises located in Alhambra, and using the property for religious services, church offices, and related activities, the owner and lessor of the premises, defendant Ethel Valley, LLC, forcibly entered the property without permission, changed the locks, and retained plaintiffs’ personal property.

  • Hearing

    Jul 26, 2019

(NO CASE NAME AVAILABLE)

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(b)) TENATIVE RULING: Plaintiff Portfolio Recovery Associates, LLC’s Motion to Vacate Default Judgment is CONTINUED TO SEPTEMBER 23, 2019 AT 9:00 AM IN DEPARTMENT 94. ANALYSIS: On June 12, 2009, Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) filed the instant collections action against Defendant Akop Torosyan (“Defendant”). Default was entered on May 12, 2010, and default judgment was entered on May 18, 2010.

  • Hearing

    Jul 25, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(b)) TENATIVE RULING: Plaintiff Portfolio Recovery Associates, LLC’s Motion to Vacate Default Judgment is CONTINUED TO SEPTEMBER 23, 2019 AT 9:00 AM IN DEPARTMENT 94. ANALYSIS: On March 28, 2011, Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) filed the instant collections action against Defendant Francisco M. Perez (“Defendant”). Default was entered on June 7, 2011, and default judgment was entered on June 9, 2011.

  • Hearing

    Jul 25, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

RENTERIA, EDGAR VS GRADY, TIMOTHY

The court having granted Defendant Timothy Grady’s Motion to Vacate Default Judgment on May 30, 2019, hereby AWARDS PLAINTIFF EDGAR RENTERIA ATTORNEY’S FEES IN THE AMOUNT OF $3,562.50. Plaintiff Edgar Renteria’s separate Motion for Attorneys’ Fees is PLACED OFF CALENDAR. I. Background Plaintiff Edgar Renteria (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Timothy Grady (“Defendant”) on January 22, 2016.

  • Hearing

    Jul 23, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

RENTERIA, EDGAR VS GRADY, TIMOTHY

The court having granted Defendant Timothy Grady’s Motion to Vacate Default Judgment on May 30, 2019, hereby AWARDS PLAINTIFF EDGAR RENTERIA ATTORNEY’S FEES IN THE AMOUNT OF $5,500.00. Plaintiff Edgar Renteria’s separate Motion for Attorneys’ Fees is PLACED OFF CALENDAR. I. Background Plaintiff Edgar Renteria (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Timothy Grady (“Defendant”) on January 22, 2016.

  • Hearing

    Jul 23, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

ASN LONG BEACH LLC VS. METZGER

Motion to Set Aside Defendant Tammy Metzger’s Application to Set Aside and Vacate Default Judgment and Default under C.C.P. § 473(b) is Denied. Ms. Metzger seeks discretionary relief based on a showing of mistake, inadvertence, surprise, or excusable neglect under C.C.P. § 473(b). However, a motion for relief from default under C.C.P. § 473(b) must be made within a reasonable time after discovery of the default, and the moving party must show reasonable diligence in seeking such relief. (See e.g.

  • Hearing

    Jul 19, 2019

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