What is a Motion to Vacate Judgment?

Useful Rulings on Motion to Vacate Judgment

Recent Rulings on Motion to Vacate Judgment

IN THE MATTER OF: NAKIA ROUSIE , ET AL.

A mistake of law under section 946.6 is analyzed in the same manner as a mistake alleged as grounds for relief from default under Code of Civil Procedure section 473. (Moore v. State of California, 157 Cal. App. 3d 715, 722 (1984).) “‘[A] mistake as to law does not require relief from default as a matter of law. [Citation.]

  • Hearing

    Jul 06, 2020

N B, ET AL. VS BURBANK UNIFIED SCHOOL DISTRICT, ET AL.

On February 18, 2020, Defendants/Cross-Complainants Gianni Maucere, by and through his guardian ad litem Lauren Maucere, John Maucere, and Lauren Maucere filed a motion for leave to file a first amended answer (“FAA”) pursuant to California Code of Civil Procedure section 473, subdivision (a)(1). On April 14, 2020, the Court continued the motion for leave to file a FAA to July 6, 2020. Trial is set for July 31, 2020.

  • Hearing

    Jul 06, 2020

NIKOO EMRANI VS SONNY WON SONG

Discussion Plaintiff seeks relief from the dismissal entered on November 21, 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

    Jul 02, 2020

JESSMYN PETERSON VS SUSAN VAUGHAN, ET AL.

Plaintiff also cites Code of Civil Procedure section 473, subdivision (b). (Mot., p. 5:15-19.) Pursuant to Code of Civil Procedure section 473, subdivision (b), an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding 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

    Jul 02, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

BRENT RICHARDS VS PRL ALUMINUM, INC., A CALIFORNIA CORPORATION; AND DOES 1-20, INCLUSIVE

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

    Jul 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BLACKPLUM PROPERTIES, LP V. NUNEZ

It is premised on the notion that this was a default judgment and relies on Code of Civil Procedure section 473, subdivision (b), as the grounds for relief. But the defendant failed to appear for trial after twice being given proper notice. Historical Facts/Actual Notice of Trial On June 7, 2018, the court set a jury trial date of February 4, 2019. At the time, Severson was represented by an attorney. On August 30, 2018—almost three months later—Severson substituted himself in place of his attorney.

  • Hearing

    Jul 02, 2020

JANE DOE VS. JAY CALVERT, M.D. ET. AL.

Code of Civil Procedure section 473, subdivision (a)(1), provides that the Court may, “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.”

  • Hearing

    Jul 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CHANG MAN YANG VS FUN SOO KIM, ET AL.

Should Defendants wish to defend this action, they must first seek to set aside the default entered against them pursuant to Code of Civil Procedure section 473 or 473.5. Conclusion & Order For the foregoing reasons, Defendants Fon S. Kim and Mi Young Kim’s Demurrer to Complaint is DENIED. Moving party is ordered to give notice.

  • Hearing

    Jul 02, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

AL GARZONNE VS SOUTH BAY PRE-OWNED, INC.

Code of Civil Procedure section 473, subdivision (b) states: 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

    Jul 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

NEGIN RAHBARI VS FARAH SHAHNAZ

Legal Standard & Discussion Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2.) 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

    Jul 01, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Notably, the Court could have considered granting this Motion if Assignee of Record’s attorney had filed under Code of Civil Procedure section 473, subdivision (b) within six months of the rejection with a declaration from its counsel attesting to his mistake, inadvertence, surprise or excusable neglect. However, Assignee of Record’s counsel did not do so, and a motion under this Section would now be untimely. Thus, this Motion is DENIED.

  • Hearing

    Jul 01, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

PATRICIA SOARES ET AL VS WESTERN GENERAL INSURANCE COMPANY

Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) states: “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

    Jul 01, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

FIRST NATIONAL INSURANCE COMPANY OF AMERICA VS AVIRON AUTO COLLISION CENTERS, INC., A CALIFORNIA CORPORATION, ET AL.

Discussion Defendant seeks relief from the default entered on September 10, 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

    Jul 01, 2020

MANUEL ORTIZ-MARQUEZ VS DANIEL HERNANDEZ

Discussion In the Renewed Motion to Vacate Default and Default Judgment, Defendant moves for relief again pursuant to Code of Civil Procedure section 473, subdivision (d) and on equitable grounds. The Court will address each of these grounds in turn. Code of Civil Procedure section 473, subdivision (d) The First Motion to Vacate was brought pursuant to Code of Civil Procedure section 473, subdivision (d) and section 473.5.

  • Hearing

    Jul 01, 2020

HUGO ANTONIO FLORES CRUZ VS MADIYN RAINE HOOVER 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.”

  • Hearing

    Jun 30, 2020

CALIFORNIA CAPITAL INSURANCE CO. V. GOTHAM INSURANCE CO.

Explanation: Code of Civil Procedure section 473, subdivision (b), provides that the court may relieve a party from an order taken against him through his mistake, inadvertence, surprise, or excusable neglect. It must be made within 6 months after the order was taken. Relief may be based either on an “attorney affidavit of fault,” in which event, relief is mandatory; or declarations or other evidence showing “mistake, inadvertence, surprise or excusable neglect,” in which event relief is discretionary.

  • Hearing

    Jun 30, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

NORTH MILL EQUIPMENT FINANCE LLC, ET AL. VS WILLIAM FERNANDO LINARES, ET AL.

On April 21, 2020, Plaintiff filed a motion for an order to set aside the dismissal entered on January 2, 2020 on the grounds of mistake, inadvertence, surprise, or excusable neglect pursuant to California Code of Civil Procedure, Section 473. Plaintiff’s notice of motion indicated that the hearing on Plaintiff’s motion would be on a date and a time to be scheduled. The proof of service attached to Plaintiff’s motion indicates that Plaintiff served its motion on April 21, 2020 via U.S. Mail.

  • Hearing

    Jun 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

ASSET ACCEPTANCE LLC V. JOSE VALENCIA

DMS Under Code of Civil Procedure Section 473(b), the time for the Court to rule is extended to a reasonable time not to exceed 6 months after service of notice upon a defaulting party of the judgment. Under either statute, the Defendant’s motion is untimely, and on that basis is DENIED.

  • Hearing

    Jun 30, 2020

JACOB REICH VS MANSOUR HASHEM

Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) provides that “[t]he 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 . . . .”

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DAVID MINSER V. COLLECT ACCESS, LLC, ZEE LAW GROUP, PC, ET AL.

The Court finds the judgment against Collect Access is void, and Collect Access’ motion to set it aside pursuant to Code of Civil Procedure section 473(d) is granted. The Court overrules Plaintiff’s evidentiary objections to the Declaration of Tappan Zee. No evidentiary objections were filed by Collect Access. 7

  • Hearing

    Jun 30, 2020

MARCELO MONROY VS KIMBERLY DELGADO ET AL

On April 14, 2020, Plaintiff filed a motion to set aside the February 10, 2020 dismissal pursuant to California Code of Civil Procedure section 473, subdivision (b). PARTY’S REQUEST Plaintiff asks the Court to set aside the February 10, 2020 dismissal because Plaintiff’s counsel failed to appear at trial due to a calendaring mistake.

  • Hearing

    Jun 30, 2020

LUCIANO M FRANCO VS VOLKSWAGEN GROUP OF AMERICA INC ET AL

To support this request for relief, plaintiff cites the mandatory and discretionary relief provisions found in Code of Civil Procedure section 473, subdivision (b). Although it would have been proper for plaintiff to take separate, affirmative action to seek this relief, to avoid further delay, the court has considered the request in its present form. “[A]cceptance [of a statutory offer of compromise] is governed by the basic laws of contract.” (Ward v. Superior Court (1973) 35 Cal.App.3d 67. 69.)

  • Hearing

    Jun 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

JACOB REICH VS MANSOUR HASHEM

Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) provides that “[t]he 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 . . . .”

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RACHEL MONCADA VS ANGELS TRANS, INC., ET AL.

On May 26, 2020, Plaintiff filed a motion for leave to file a first amended complaint (“FAC”) pursuant to California Code of Civil Procedure section 473, subdivision (a)(1). On May 27, 2020, Plaintiff filed a motion for trial preference pursuant to California Code of Civil Procedure section 36. A trial setting conference is scheduled for October 1, 2020.

  • Hearing

    Jun 30, 2020

CLARE V. WAL-MART STORES, INC.

Explanation: “‘Code of Civil Procedure section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.’ [Citation.]

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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