Defendant Shalom Rubanowitz’s Motion to Vacate Default Judgment is denied.
Discussion
Plaintiff White, Zuckerman, Warsavsky, Luna & Hunt, LLP (“Plaintiff”) filed the instant action for breach of contract against Defendant Shalom Rubanowitz (“Defendant”) on December 20, 2017. Following Defendant’s failure to appear, the court entered default on April 13, 2018, and default judgment on May 16, 2018. Defendant filed the instant motion to vacate default judgment on October 19, 2018. Plaintiff filed its opposition on October 30, 2018.
Under Code of Civil Procedure, section 473, subdivision (b), 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 moving party’s mistake, inadvertence, surprise or neglect. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)
The motion is supported by the declaration of Melvin T
Type
Other Breach of Contract/Warranty (not fraud or negligence) (Limited Jurisdiction)
Status
Default Judgment By Court - Before Trial
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Defendant Shalom Rubanowitz’s Motion to Vacate Default Judgment is denied.
Discussion
Plaintiff White, Zuckerman, Warsavsky, Luna & Hunt, LLP (“Plaintiff”) filed the instant action for breach of contract against Defendant Shalom Rubanowitz (“Defendant”) on December 20, 2017. Following Defendant’s failure to appear, the court entered default on April 13, 2018, and default judgment on May 16, 2018. Defendant filed the instant motion to vacate default judgment on October 19, 2018. Plaintiff filed its opposition on October 30, 2018.
Under Code of Civil Procedure, section 473, subdivision (b), 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 moving party’s mistake, inadvertence, surprise or neglect. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)
The motion is supported by the declaration of Melvin T