Ortiz-Marquez v. Hernandez, et al.
MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
(CCP § 473(d); equitable grounds)
TENTATIVE RULING:
Defendant Daniel Hernandez’s Motion to Vacate Default and Default Judgment is DENIED.
ANALYSIS:
Plaintiff Manuel Ortiz-Marquez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Daniel Hernandez (“Defendant”) on October 6, 2017. Following Defendant’s failure to file a responsive pleading, the court entered his default on August 23, 2018 and his default judgment on May 15, 2019. Defendant filed a Motion to Vacate Default and Default Judgment on October 31, 2019 (“the first Motion”). On January 9, 2020, the Court denied the first Motion but provided for the possibility of a re-filed motion to vacate.
On March 9, 2020, Defendant filed the instant Renewed Motion to Vacate Default and Default Judgment. Plaintiff filed an opposition on April 8, 2020 and Defendant replied on April 16, 2020.
The Court notes that in conju
Hearing Date
July 01, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (Limited Jurisdiction)
Status
Default Judgment By Court - Before Trial
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Ortiz-Marquez v. Hernandez, et al.
MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
(CCP § 473(d); equitable grounds)
TENTATIVE RULING:
Defendant Daniel Hernandez’s Motion to Vacate Default and Default Judgment is DENIED.
ANALYSIS:
Plaintiff Manuel Ortiz-Marquez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Daniel Hernandez (“Defendant”) on October 6, 2017. Following Defendant’s failure to file a responsive pleading, the court entered his default on August 23, 2018 and his default judgment on May 15, 2019. Defendant filed a Motion to Vacate Default and Default Judgment on October 31, 2019 (“the first Motion”). On January 9, 2020, the Court denied the first Motion but provided for the possibility of a re-filed motion to vacate.
On March 9, 2020, Defendant filed the instant Renewed Motion to Vacate Default and Default Judgment. Plaintiff filed an opposition on April 8, 2020 and Defendant replied on April 16, 2020.
The Court notes that in conju