What is a Motion to Vacate Default Judgment?

Useful Resources for Motion to Vacate Default Judgment

Recent Rulings on Motion to Vacate Default Judgment

126-150 of 465 results

FARMERS INSURANCE EXCHANGE V. FITZPATRICK, ET AL.

Motion to Vacate Default Judgment TENTATIVE RULING The motion is denied, for the following reasons: First, the moving party has failed to file a proof of service showing service on all other parties in the action, at least 16 court days prior to the hearing. Second, the motion was not accompanied by a proposed pleading, such as an answer. Code of Civil Procedure section 473(b); Weil & Brown, Civil Procedure Before Trial, section 5:305.10, p. 5-82. Third, there is no accompanying declaration.

  • Hearing

    Jul 01, 2019

FANTASIA DEVELOPMENT, ET AL VS. HUNTINGTON DEVELOPMENT, INC.

.: TC023033 Matter on calendar for: Motion to vacate default judgment Tentative ruling: I. Background Plaintiffs Fantasia Development, LLC, and Shigeto Shimizu contracted with defendants Huntington Development, Inc., Tafan Young, Yimin Cao, and Daniel Li Yang for the development of an eight-unit condominium project in Carson. It was to be finished by April 2008, but defendants abandoned the project, costing plaintiffs the benefit of the agreement and the property.

  • Hearing

    Jun 27, 2019

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

LHR, INC. V. PENDLETON

Motion to Vacate Default Judgment GRANTED. Defendant correctly argues that the Court has inherent equitable power to set aside a judgment on the basis of extrinsic fraud or mistake. Olivera v. Grace (1942) 19 Cal.2d 570, 576. The moving party must show three elements: a meritorious defense, a satisfactory excuse for not presenting a defense, and diligence in seeking to set aside the default once discovered. Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982. There need be no actual “fraud” or “mistake.”

  • Hearing

    Jun 20, 2019

RW COMMERCIAL PROPERTY VS LARSEN

Respondents Laurie Larsen's motion to vacate default judgment is off calendar because no motion papers were filed in accordance with CCP § 1005. Moreover, the Court is not persuaded that the judgment should be set aside pursuant to CCP § 473(b). Petitioner RW Commercial Property Holdings, LLC's motion for attorneys' fees is granted in a reduced amount.

  • Hearing

    Jun 20, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

AMERICAN EXPRESS NATIONAL BANK VS. MALIK ROBINSON

NATURE OF PROCEEDINGS: MOTION 7 MOTION TO SET ASIDE AND VACATE DEFAULT JUDGMENT AND ENTER A DIFFERENT JUDGMENT [DEFT] MALIK ROBINSON RULING Defendant’s motion to set aside default and default judgment is DENIED. Defendant has not submitted a copy of an answer or other proposed pleading as required by Code of Civil Procedure section 473, subdivision (b). Additionally, defendant has failed to establish that mistake, inadvertence, surprise, or excusable neglect, “, . . ’ . I .”

  • Hearing

    Jun 19, 2019

FORSYTHE FINANCE LLC VS MAADIMOHAJER

Defendant Shirin Maadimohajer's Motion to Vacate Default Judgment and Stay Execution of the Judgment The Court intends to rule as follows: To deny Defendant Shirin Maadimohajer's request pursuant to Code of Civil Procedure §473(b) for an order vacating the judgment entered against her in this action on January 17, 2019, on the ground that Defendant fails to submit any evidence indicating that her failure to timely respond to the Summons and Complaint in this action was due to "mistake, inadvertence, surprise

  • Hearing

    Jun 03, 2019

MICHAEL S YU A L C ET AL VS BANK OF THE WEST ET AL

Rptr. 2d 742] [second judge without power to vacate default judgment entered by first judge].) There are a few exceptions to the general rule that one superior court judge may not vacate or otherwise nullify the order of another. Reversal of a judgment and remand for new trial permits the “renewal and reconsideration of pretrial motions and objections to the admission of evidence. [Citation.]” (People v. Mattson (1990) 50 Cal.3d 826, 849 [268 Cal. Rptr. 802, 789 P.2d 983].)

  • Hearing

    May 31, 2019

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

Defendant’s Motion to Set Aside and Vacate Default Judgment Appearance required. Defendant’s motion to set aside default and vacate the default judgment is DENIED. Defendant does not meet his burden of showing that he failed to timely respond to the complaint due to mistake, inadvertence, surprise or excusable neglect as set forth in Code of Civil Procedure section 473.

  • Hearing

    May 29, 2019

  • County

    Merced County, CA

TONEY, LETICHA VS SUPER CENTER CONCEPTS INC

Here, Defendant improperly combined three motions (a motion to quash service of process, a motion to vacate default judgment, and a motion to dismiss), each of which is based a different statutory ground (CCP §§ 418.10, 473.5, and 583.210). Given the improper combination of motions, Defendant has only paid one filing fee for one motion. Accordingly, the Court may consider only one of the three motions.

  • Hearing

    May 28, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

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

Motion to Set Aside Default and Vacate Default Judgment Defendant/claimant’s motion to set aside the default and vacate the default judgment entered on May 2, 2019 is DROPPED from calendar. No proof of service has been filed indicating plaintiff was served with notice of the motion.

  • Hearing

    May 22, 2019

  • County

    Merced County, CA

WESTLAKE SERVICES LLC VS VARELA, MARK

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(d)) TENTATIVE RULING: Defendant Mark Varela’s Motion to Vacate Default Judgment is continued to July 29, 2019 at 8:30 am at 8:30 am in Department 94. Defendant is to file proof of service of the supplemental papers field on May 1, 2019 at least 16 court days prior to the new hearing date. Failure to comply with the court’s orders may result in the motion being placed off calendar or denied.

  • Hearing

    May 20, 2019

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

FOREMOST SIGNATURE INSURANCE COMPANY VS. MERCED FURNITURE

Plaintiff’s Motion to Vacate Default Judgment Plaintiff Foremost Signature Insurance Company’s motion to vacate the default judgment entered in this case on October 23, 2018, is GRANTED, and unopposed.

  • Hearing

    May 17, 2019

  • County

    Merced County, CA

PLEASANTON READY MIX VS. KUMAR

HEARING ON MOTION TO VACATE DEFAULT JUDGMENT FILED BY ANIL KUMAR * TENTATIVE RULING: * Defendant Anil Kumar’s motion to vacate default and default judgment is granted. Defendant shall file and serve his proposed answer by May 30, 2019. The Court continued this hearing for supplemental declarations. The Court has reviewed the original papers, along with the supplemental ones filed by both sides.

  • Hearing

    May 16, 2019

CHASE BANK USA N A VS KNOX, JOSEPH A

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT (CCP §§ 473(b)) REQUEST FOR RELIEF: Vacate default judgment on the grounds that Defendant’s account was fraudulently created. OPPOSITION: None filed as of May 7, 2019. REPLY: None filed as of May 7, 2019. TENATIVE RULING: Plaintiff Chase Bank USA, NA’s Motion to Vacate Default and Default Judgment is continued to July 15, 2019 at 8:30 am.

  • Hearing

    May 13, 2019

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

PARTIES’ NAMES CONFIDENTIAL PER CODE CIV. PROC., § 1161.2(A)(1)]

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

  • Hearing

    May 10, 2019

  • County

    Merced County, CA

DISCOVER BANK VS. ERIC TWISS

Motion to Set Aside Default and Vacate Default Judgment The motion by defendant Eric Twiss to set aside the default and vacate the default judgment is DENIED. Defendant has not met his burden of showing he failed to timely respond to the complaint due to mistake, inadvertence, surprise, or excusable neglect.

  • Hearing

    May 10, 2019

  • County

    Merced County, CA

MONEY MAILER FRANCHISE CORP. VS. DAVID W. EPSTEIN, D.D.S., INC.

NATURE OF PROCEEDINGS: NOTICE OF MOTION — MOTION TO VACATE DEFAULT JUDGMENT AND ENTRY OF DEFAULT [DEFT] DAVID W. EPSTEIN, D.D.S., INC., A CORPORATION RULl'NG Defendant David Epstein, DDSI, Incr’s, motion to vacate the default and default judgement entered against it on the grounds of lack of actual notice of the summons under Code Civ. Proc. §473.5, and excusable mistake and neglect under § 473 subd. (b), is denied.

  • Hearing

    May 03, 2019

BEAMON VS. LA CLINICA

HEARING ON MOTION FOR AMENDED PLEADING AND TO VACATE DEFAULT JUDGMENT / FILED BY TAMARA BEAMON * TENTATIVE RULING: * See ruling on line 2.

  • Hearing

    May 02, 2019

INTERINSURANCE EXCHANGE VS POLANCO, JAFET LEVI

Plaintiff Insurance Exchange of the Automobile’s Motion to Vacate Default Judgment is GRANTED. The default and default judgment against Defendants Jafet Levi Polanco and Rigoberto C. Polanco are hereby VACATED. I. Background On October 4, 2016, Plaintiff Insurance Exchange of the Automobile (“Plaintiff”) brought this subrogation action against Defendants Jafet Levi Polanco and Rigoberto C. Polanco (collectively, “Defendants”).

  • Hearing

    Apr 30, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

CONFIDENTIAL PER CODE CIV. PROC., § 1161.2(A)(1)]

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

  • Hearing

    Apr 26, 2019

  • County

    Merced County, CA

PENG CHEN ET AL VS UNITED FAITH ENTERPRISE INC ET AL

.: BC587952 [TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR AN ORDER TO SET ASIDE DEFAULT AND VACATE DEFAULT JUDGMENT Date: April 26, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Shoa Fa Chiu (“Moving Defendant”) RESPONDING PARTIES: Plaintiffs Peng Chen and Xueling Li The Court has considered the moving, opposing, and reply papers. The Court will not consider Plaintiffs exhibits numbers 25 and 26 that are attached to the declaration of Alexander Chen.

  • Hearing

    Apr 26, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LUIS RODRIGUEZ VS. SECRET RECIPES, INC.

Defendant indicates that it is appealing, among other orders, a February 8, 2019 order denying Defendant’s motion to vacate default judgment based on equitable grounds. This motion appears to involves matters embraced or affected by the matters on appeal (CCP §916) and Defendant has filed a notice of stay of proceedings as to all parties, the Court is inclined to decline to hear the motion at this time, while the appeal is pending.

  • Hearing

    Apr 12, 2019

  • County

    Los Angeles County, CA

PLEASANTON READY MIX VS. KUMAR

HEARING ON MOTION TO VACATE DEFAULT JUDGMENT FILED BY ANIL KUMAR * TENTATIVE RULING: * Defendant Anil Kumar’s motion to vacate default and default judgment is continued to May 16, 2019. The Court requires supplemental information from Defendant. In Defendant’s declaration it states that he is attaching a proposed answer, but none was attached. The Court cannot grant this motion until there is a proposed answer or other responsive pleading.

  • Hearing

    Apr 11, 2019

PARTIES’ NAMES CONFIDENTIAL PER CODE CIV. PROC., § 1161.2(A)(1)]

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

  • Hearing

    Apr 10, 2019

  • County

    Merced County, CA

WESTLAKE SERVICES LLC VS VARELA, MARK

On August 23, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”). On January 24, 2019, Plaintiff filed an Opposition. On February 14, Defendant filed a Reply (erroneously named as an “Opposition to Plaintiff’s Opposition”). Legal Standard “Notice and an opportunity to be heard must precede deprivations of life, liberty or property.” (Albrecht v. Superior Court (1982) 132 Cal.App.3d 612, 619.)

  • Hearing

    Mar 13, 2019

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

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