What is a Motion to Vacate Default Judgment?

Useful Resources for Motion to Vacate Default Judgment

Recent Rulings on Motion to Vacate Default Judgment

176-200 of 465 results

STATE FARM MUTUAL AUTOMOBILE VS BORN TO WRAP INC

Defendant filed the instant motion to vacate default judgment on October 5, 2018. Plaintiff filed its opposition on November 13, 2018. To date, no reply has been filed. Defendant moves pursuant to Code of Civil Procedure, section 473, subdivision (b) on the grounds of excusable neglect.

  • Hearing

    Nov 29, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

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

Motion to Set Aside Default, Vacate Default Judgment and Stay Execution of Judgment Appearance required.

  • Hearing

    Nov 28, 2018

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

Motion to Set Aside Default, Vacate Default Judgment and Stay Execution of Judgment Appearance required.

  • Hearing

    Nov 28, 2018

MARK LEE BARBOZA V. SEAN STENGEL

Motion: By Plaintiff to set aside/vacate default judgment Tentative Ruling: To deny the motion on various grounds. See infra. To continue the hearing to December 12, 2018 at 3:30 p.m. in Dept. 403 to allow the tentative ruling to be mailed to the Plaintiff. Explanation: Background Plaintiff is currently incarcerated at Mule Creek State Prison. While he was incarcerated at Pleasant Valley State Prison, he filed a Complaint on March 9, 2015.

  • Hearing

    Nov 27, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARIA TRINIDAD ZARAGOZA-HERNANDEZ VS MICHAEL MORGAN

On October 3, 2018, Silverberg filed a Motion to Vacate Default Judgment (the “Motion”) under CCP § 473.5. Plaintiff filed its opposition on November 9. II. Legal Standard “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

    Nov 27, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

THE SEMLER COMPANIES/MALIBU VS COLETTE PELISSIER

The six-month period within which to bring a Motion to vacate default judgment runs from the date of the default, and not the judgment taken thereafter. (Rutan v. Summit Sports, Inc. (1985) 173 Cal.App.3d 965, 970.) Since this motion was filed within 180 days of the entry of default, it is timely and will be considered on the merits. Defendant first argues that the Default Judgment in this matter was improper because she never received valid service of the Complaint.

  • Hearing

    Nov 21, 2018

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

RUSSELL MCGARRY, JR. VS. POCAHONTAS RIVERA

Motion to Vacate Default Judgment Appearance required.

  • Hearing

    Nov 15, 2018

ALYSSA PIZER VS MARLEY KATE RIZZUTI

Defendant Marley Kate Rizzuti’s Motion to Vacate Default Judgment is granted. Background On August 23, 2017, Plaintiff Alyssa Pizer dba Alyssa Pizer Management, LLC (“Plaintiff”) filed this action against Defendant Marley Kate Rizzuti (“Defendant”). Default was entered against Defendant on December 27, 2017, and default judgment was entered against Defendant on June 15, 2018. On September 4, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”).

  • Hearing

    Nov 15, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

WHITE ZUCKERMAN WARSAVSKY LUNA & HUNT, LLP VS SHALOM RUBANOWITZ

Defendant Shalom Rubanowitz’s Motion to Vacate Default Judgment is denied. Discussion Plaintiff White, Zuckerman, Warsavsky, Luna & Hunt, LLP (“Plaintiff”) filed the instant action for breach of contract against Defendant Shalom Rubanowitz (“Defendant”) on December 20, 2017. Following Defendant’s failure to appear, the court entered default on April 13, 2018, and default judgment on May 16, 2018. Defendant filed the instant motion to vacate default judgment on October 19, 2018.

  • Hearing

    Nov 14, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

ALLIANCE UNITED INSURANCE COMPANY VS ANGUS, DELROY JUNIOR

Defendant Angus Delroy, Jr.’s Motion to Vacate Default Judgment is CONTINUED to January 3, 2019 at 8:30 a.m. in Department 94. Defendant to file supplemental papers and evidence to address the defects identified herein and serve them as required by CCP § 1005—service by mail must be made at least 21 days before the continued hearing date above. Plaintiff may file a response and Defendant may file a reply thereto within the times prescribed by Section 1005. I.

  • Hearing

    Nov 06, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

CITIBANK SOUTH DAKOTA NA VS. JOSEPH A RESTIVO

Restivo's Motion to Vacate Default Judgment. CCP § 473. Defendant persuasively argues that this motion should be granted per CCP section 473.5 on the grounds that the summons and complaint was never served and because the judgment in this case was discharged in bankruptcy on 12-15-11.

  • Hearing

    Nov 01, 2018

GOUCHE, VICTOR VS JIMENEZ, CARLOS J

Based on the foregoing, Defendant’s motion to vacate default judgment is continued to January 10, 2019 at 8:30 am in Department 94. Defendant is ordered to file a declaration in compliance with Code of Civil Procedure section 2015.5, and that addresses sub-service of the Second Amended General Order.

  • Hearing

    Nov 01, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

ARROYO WEST HOMEOWNERS VS YOUNIS, EMAD S

Arroyo v Younis Defendant Emad Younis’s Motion to Vacate Default Judgment is CONTINUED to December 20, 2018 at 8:30 a.m. in Department 94. Defendant is ordered to (1) file a propose answer and (2) supplemental evidence and declarations to adress the “reasonable time” issue. The supplemental documents must be served on Plaintiff pursuant to CCP § 1005; that is, at least 16 court days before the next hearing date.

  • Hearing

    Oct 30, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

SCOTT FISCH VS ARMANDO DE AVILA

Defendant Armando D’Avila moves to vacate default judgment upon the equitable grounds of extrinsic fraud or mistake. Defendant concedes that CCP § 473.5 does not apply because the motion is brought over three years after entry of default judgment.

  • Hearing

    Oct 29, 2018

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

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

  • Hearing

    Oct 29, 2018

DEAN, JARVIS VS MARGARET M HARRIS CORPORATION

Yeliazyan’s Motion to Vacate Default Judgment is DENIED. I. Background In 2017, Plaintiff Jarvis Dean (“Plaintiff”) filed this action for alleged civil rights violation against Defendant Aram K. Yeliazyan (“Defendant”). Default was entered against Defendant on June 14, 2017, and default judgment was entered against Defendant on January 11, 2018. On September 7, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”) under CCP § 473(b). On September 27, Plaintiff filed an opposition.

  • Hearing

    Oct 24, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

NORTH MILL EQUIPMENT FINANCE LLC VS. ARTAK BADALYAN

North Mill Equipment Finance v Badalyan MOTION TO VACATE DEFAULT JUDGMENT Calendar: 6 Case No: EC066126 Hearing Date: 10/12/18 Action Filed: 12/6/16 Trial: Not set MP: Defendant Susanna Badalyan RP: Plaintiff North Mill Equipment Finance LLC ALLEGATIONS IN COMPLAINT: Plaintiff North Mill Equipment Finance LLC alleges Defendant Artak Badalyan (individually and dba AAT) breached two written loan agreements that were secured by a tractor and trailer.

  • Hearing

    Oct 12, 2018

NEELEY V. SCHAEFER

TENTATIVE RULING # 4: DEFENDANT HANNA SCHAEFER’S MOTION TO SET ASIDE DEFAULT AND VACATE DEFAULT JUDGMENT IS GRANTED. DEFENDANT HANNAH SCHAEFER IS TO FILE AN ORIGINAL, EXECUTED RESPONSE TO THE COMPLAINT AND SERVE A COPY OF THE RESPONSE ON PLAINTIFF. NO HEARING ON THIS MATTER WILL BE HELD (LEWIS V.

  • Hearing

    Oct 11, 2018

QUALITAS INSURANCE COMPANY VS.

HEARING ON MOTION TO VACATE DEFAULT JUDGMENT FILED BY JESSICA BASINGER * TENTATIVE RULING: * Appear.

  • Hearing

    Oct 04, 2018

WESTLAKE SERVICES LLC VS VARELA, MARK

Defendant Mark Varela’s Motion to Vacate Default Judgment is DENIED without prejudice. I. Background On July 3, 2017, Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed this action against Defendant Mark Varela (“Defendant”). Default was entered against Defendant on February 5, 2018, and default judgment was entered against Defendant on February 28, 2018. On August 23, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”). II.

  • Hearing

    Oct 03, 2018

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Wendy Chang or Jon R. Takasugi

  • 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

    Oct 03, 2018

ALYSSA PIZER VS MARLEY KATE RIZZUTI

On September 4, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”). II. Discussion The Court notes that Defendant is requesting an order to vacate only the default judgment—not including the entry of default. (Notice of Motion p. 1; Motion p. 4.) If the Court “could not set aside the default, it also could not set aside the default judgment under Code of Civil Procedure section 473, because that would be ‘an idle act.’” (Pulte Homes Corporation v.

  • Hearing

    Oct 02, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

LAW OFFICES OF MOGHADDAMI AND VS ALAM, MAHNAZ

On February 9, 2018, Aalam filed a Motion to Quash Service of Summons and Vacate Default Judgment (the “Motion”). On April 6, 2018, Plaintiff filed an opposition (labeled as Declaration of Ali R. Moghaddami). Aalam twice filed his reply on April 20 and 25, 2018. The reply papers appear to be the same; the Court considers the April 25 reply in lieu of the April 20 reply.

  • Hearing

    Oct 01, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

CAPITAL ONE BANK VS. PATRICIA NICHOLS ET AL

MOTION FOR SET ASIDE/VACATE JUDGMENT Set for hearing on Wednesday September 19, 2018, Line 1, PLAINTIFF CAPITAL ONE BANK's MOTION FOR SET ASIDE/VACATE JUDGMENT The Court grants Plaintiff Capital One Bank's unopposed motion to set aside default and vacate default judgment and dismiss action without prejudice.

  • Hearing

    Sep 19, 2018

FORD MOTOR CREDIT COMPANY VS JONES, AVIANCE

Defendant Aviance Jones’s Motion to Vacate Default Judgment is DENIED. I. Background The Court entered default judgment in favor of Plaintiff Ford Motor Credit Co. (“Plaintiff”) and against Defendant Aviance Jones (“Defendant”) on November 21, 2000. On August 21, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”) under the CCP §§ 473(b) and 473.5. II.

  • Hearing

    Sep 19, 2018

  • Judge

    Wendy Chang or Jon R. Takasugi

  • County

    Los Angeles County, CA

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