Defendant Marley Kate Rizzuti’s Motion to Vacate Default and Default Judgment under CCP 437 and 473.5 is DENIED.
I. 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”).
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. Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273.) Thus, the Court must vacate both the default an
Type
Negligent Breach of Contract/Warranty (no fraud) (Limited Jurisdiction)
Status
Default Judgment By Court - Before Trial
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Defendant Marley Kate Rizzuti’s Motion to Vacate Default and Default Judgment under CCP 437 and 473.5 is DENIED.
I. 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”).
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. Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273.) Thus, the Court must vacate both the default an