DEF Olegario Aguilar Motion to Set Aside/Vacate Default and Judgment
Defendant Olegario Aguilar’s Motion for Order Setting Aside and Vacating Default [and Default Judgment] and Granting Defendant Leave to Defend is DENIED.
Plaintiffs’ Request for Judicial Notice is GRANTED.
Defendant moves for an order setting aside and vacating the default judgment pursuant to CCP § 473.5.
CCP § 473.5 subdivision (a) states:
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. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or defau