Plaintiff’s Motion to Vacate Judgment – MOOTED by Acknowledgement of Satisfaction of Judgment filed December 6, 2019.
CV-18-001613 – AUTOVEST LLC VS GORDON, DAVID – Plaintiff’s Motion to Vacate Judgment – GRANTED.
CV-18-001619 – AUTOVEST LLC VS HARGROVE, JESSICA – Plaintiff’s Motion to Vacate Judgment and Dismiss Action – DENIED.
This Court does not have jurisdiction to grant the relief Plaintiff requests. Plaintiff filed its Motion to Vacate after the six months available in which to vacate a default judgment under Code of Civil Procedure section 473, subd. (b). In addition, the time period provided in Code of Civil Procedure section 663a, subd. (b) has expired. The Court’s inherent power to vacate a judgment on equitable grounds due to lack of due process or extrinsic fraud or mistake also does not apply here. (Kulchar v. Kulchar (1969) 1 Cal.3d 467, 471-473.)
Hearing Date
January 03, 2020
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Plaintiff’s Motion to Vacate Judgment – MOOTED by Acknowledgement of Satisfaction of Judgment filed December 6, 2019.
CV-18-001613 – AUTOVEST LLC VS GORDON, DAVID – Plaintiff’s Motion to Vacate Judgment – GRANTED.
CV-18-001619 – AUTOVEST LLC VS HARGROVE, JESSICA – Plaintiff’s Motion to Vacate Judgment and Dismiss Action – DENIED.
This Court does not have jurisdiction to grant the relief Plaintiff requests. Plaintiff filed its Motion to Vacate after the six months available in which to vacate a default judgment under Code of Civil Procedure section 473, subd. (b). In addition, the time period provided in Code of Civil Procedure section 663a, subd. (b) has expired. The Court’s inherent power to vacate a judgment on equitable grounds due to lack of due process or extrinsic fraud or mistake also does not apply here. (Kulchar v. Kulchar (1969) 1 Cal.3d 467, 471-473.)