Ascentium Capital LLC v. Maxwell Anthony Pacific, Inc., Ronald Fort

Case No.: 17LC-0871    

On January 3, 2018, Defendant Ronald Fort (“Defendant”) moved to vacate a default judgment rendered against him in Texas on November 29, 2016 (“Texas Judgment”). While not set forth in Defendant’s Motion, a sister-state judgment was entered against him in California by this Court on November 2, 2017, in the amount of $11,495.41 (“California Judgment”). Notice of Entry of Sister-State Judgment was served on him via personal service on December 4, 2017. Defendant’s Notice of Motion stated that he was moving to vacate and set aside default judgment in sister state on the grounds that the default judgment was taken against Defendant through his/her mistake or inadvertence or surprise or excusable neglect, or all or any combination of these, because Defendant was not properly served in the Texas case. His points and authorities were limited, and simply set forth that policy favors trial on the merits, that the court has wide discretion, and that Code of Civil Procedure section 473(b) ........