What is a Motion to Vacate Judgment?

Useful Rulings on Motion to Vacate Judgment

Recent Rulings on Motion to Vacate Judgment

MERCURY INSURANCE COMPANY VS JOSE RODRIGUEZ

Discussion Plaintiff seeks relief from the dismissal entered on January 17, 2020 pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v.

  • Hearing

    Sep 22, 2020

  • County

    Los xxxxxxx County, CA

AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION VS MICHAEL JAMES PORTEOUS

Discussion Defendant moves to vacate the entry of default under Code of Civil Procedure section 473, subdivision (b) on the grounds that he was never personally or otherwise served in this action. Under this statute, the court has broad discretion to vacate the entry of default, default judgment or a dismissal, but that discretion can be exercised only if the defendant establishes a proper ground for relief, by the proper procedure and within the set time limits.

  • Hearing

    Sep 22, 2020

  • County

    Los xxxxxxx County, CA

HARVEY KREITENBERG, ET AL. VS MICHAEL ROSENBERG, ET AL.

Legal Standard Code of Civil Procedure section 473, subdivision (b) allows a court to vacate a prior order upon a showing that the order was entered due to a party’s mistake, inadvertence, surprise, or excusable neglect.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS MANUEL DE LA CRUZ

Discussion Defendant moves for relief from the default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b), under which an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

  • Hearing

    Sep 21, 2020

  • County

    Los xxxxxxx County, CA

AMERICAN CONTRACTORS INDEMNITY COMPANY, VS JORES BAGHOOMIAN

When a motion for relief under Code of Civil Procedure section 86, subdivision (b)(3) is brought based on excusable neglect, it is subject to the same six-month deadline provided for in Code of Civil Procedure section 473, subdivsion (b). (Marianos v. Tutunjian (1977) 70 Cal.App.3d 61, 65 [“applications for relief based upon excusable neglect [under Code of Civil Procedure section 86, subdivision (b)(3)] must be brought within the six-month period specified in section 473.”].)

  • Hearing

    Sep 21, 2020

  • County

    Los xxxxxxx County, CA

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JULIUS DUN

Per Code of Civil Procedure, section 473, subdivision (b), a court may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.).)

  • Hearing

    Sep 21, 2020

GITI SHOUSHANI VS SHAVER KORFF CASTRONOVO LLP, ET AL.

Plaintiff requested that, pursuant to California Code of Civil Procedure, Section 473(b), the Court continue the hearing on Defendants’ demurrer and motion to strike so that the Court can consider a forthcoming opposition. On August 31, 2020, the Court issued an order continuing the hearing on Defendants’ demurrer and motion to strike to September 21, 2020 in order for Plaintiffs to file a proper opposition.

  • Hearing

    Sep 21, 2020

KIM D MIDDLETON ET AL VS HOLLYWOOD HEALTH CENTER INC ET AL

Code of Civil Procedure section 473(b) provides for two distinct types of relief — commonly differentiated as “discretionary” and “mandatory” — from certain prior actions or proceedings in the trial court. Luri v. Greenwald, 107 Cal. App. 4th 1119, 1124 (2003).

  • Hearing

    Sep 18, 2020

SCOTT DAIN VS MARTIN RAMIREZ, ET AL.

LEGAL AUTHORITY CCP 473(d) “[U]nder subdivision (d) of Code of Civil Procedure section 473, the court may set aside orders and judgments that are ‘void,’ including orders and judgments void for want of fundamental jurisdiction or personal jurisdiction.” Bae v. T.D. Service Co. of Arizona (2016) 245 Cal. App. 4th 89, 97 (citations omitted).

  • Hearing

    Sep 18, 2020

RALPH MORALEZ VS PHILIPPE THE ORIGINAL

Plaintiff argues that the Court has broad authority under Code of Civil Procedure section 473(a)(1). However, section 473 does not provide relief from errors that result in the running of the applicable statute of limitations. (See, e.g., Carlson v. State of California Department of Fish & Game (1998) 68 Cal.App.4th 1268, 1279.)

  • Hearing

    Sep 18, 2020

LAURA DIMILLE V. MARK DANIELS

Plaintiff now moves pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed First Amended Complaint, attached as an exhibit to the motion (the “FAC”), to include allegations and a prayer for punitive damages against Defendant. Plaintiff served her motion on Defendant, but no opposition was filed.

  • Hearing

    Sep 17, 2020

JUAN PEREZ VS AZER ERANA ET AL

LEGAL STANDARD Per Code of Civil Procedure, section 473, subdivision (b), a court may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.).)

  • Hearing

    Sep 17, 2020

TYRONE BERNARD WOODS VS LAD-N, LLC (DBA AS NISSAN OF DOWNTOWN LA #310)

Legal Standard Vacate Default Code of Civil Procedure section 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.

  • Hearing

    Sep 17, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los xxxxxxx County, CA

OSCAR GARCIA VS GENERAL MOTORS LLC

The court also DENIES Plaintiff’s request for relief under Code of Civil Procedure section 473(b), finding that Plaintiff’s failure to timely file the motion was inexcusable neglect. II. Costs Plaintiff requests costs in the amount of $5,485.67.

  • Hearing

    Sep 17, 2020

ELLE BI VS TONY E. LUND

Plaintiff invokes Code of Civil Procedure section 663, which does not apply here. “A motion to vacate under Code of Civil Procedure section 663 is a remedy to be used when a trial court draws incorrect conclusions of law or renders an erroneous judgment on the basis of uncontroverted evidence.” (Plaza Hollister Ltd. Partnership v. County of San Benito (1999) 72 Cal.App.4th 1, 14, quotation marks and brackets omitted.)

  • Hearing

    Sep 16, 2020

OUTLAW LABORATORY, LP VS SLAUSON GAS STATION INC, ET AL.

Discussion The mandatory relief provision of Code of Civil Procedure section 473 subs.

  • Hearing

    Sep 16, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS KHRISTINE JAZMINE POYORENA

Discussion Plaintiff seeks relief from the dismissal entered on December 5, 2019 pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v.

  • Hearing

    Sep 16, 2020

  • County

    Los xxxxxxx County, CA

BOGHOSIAN V. CLOVIS VALLEY PLUMBING, INC. DBA VALLEY PLUMBING

(b) Under Code of Civil Procedure section 473, subdivision (b), the court is empowered to relieve a party “upon such terms as may be just ... from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.”

  • Hearing

    Sep 16, 2020

NORTHERN CALIFORNIA COLLECTION SERVICE, INC. VS BOJER, INC.

Bojer, Inc. (19PSCV00526) _____________________________________________ Plaintiff Northern California Collection Service, Inc.’s MOTION TO VACATE JUDGMENT Responding Party: None (unopposed, as of 9/4/20, 2:38 p.m.; due 9/1/20) Tentative Ruling See below. Background Plaintiff Northern California Collection Service, Inc. (“Plaintiff”) alleges that Defendant Bojer, Inc.

  • Hearing

    Sep 15, 2020

  • Type

    Collections

  • Sub Type

    Collections

GAVIN V. TRUE

The court allowed Plaintiff to make an oral motion to file a written opposition pursuant to Code of Civil Procedure section 471, later corrected to Code of Civil Procedure section 473. (2-4-20 Minute Order.) Plaintiffs’ Motion does not provide any “. . . new or different facts, circumstances, or law . . .” as to the merits of Motion No. 1 heard 2-4-20. Further, the Motion does not specify that it raised the issue regarding California Rules of Court, rule 3.1348, at the hearing on 2-4-20.

  • Hearing

    Sep 15, 2020

(NO CASE NAME AVAILABLE)

Discussion Plaintiff seeks relief from the dismissal entered on January 22, 2020 pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v.

  • Hearing

    Sep 15, 2020

  • County

    Los xxxxxxx County, CA

ALEXANDER VS SINGLETARY HEARING RE: MOTION TO/FOR RELIEF PURSUANT TO CCP 473(B); MEMO OF POINTS AND AUTH BY TATUM SINGLETARY, RICHARD DAVIS

Here, Singletary and Davis seek relief under Code of Civil Procedure section 473, subdivision (b), because they did not file their memorandum of costs on appeal or motion for appellate attorneys’ fees within 40 days after issuance of the remittitur as required by Rules of Court, rules 8.278, subdivision (c)(1), and 3.1202, subdivision (c)(1). Singletary and Davis have established entitlement to relief under Code of Civil Procedure 473, subdivision (b).

  • Hearing

    Sep 15, 2020

WRIGHT V. LINN

Defendant now moves to set aside the default pursuant to Code of Civil Procedure section 473, subdivision (b), based on inadvertence, surprise, mistake or excusable neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).)

  • Hearing

    Sep 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Defamation

FRANCISCO RODRIGUEZ VS LOS ANGELES DODGERS HOLDING COMPANY

LEGAL STANDARD Per Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.

  • Hearing

    Sep 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DANIELLE DOTSON ET AL VS RODNEY WELLINGTON ET AL

Per Code of Civil Procedure, section 473, subdivision (b), a court may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.)

  • Hearing

    Sep 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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