MOTION TO SET ASIDE/VACATE JUDGMENT
After considering the competent evidence before the Court and the reasonable inferences to be drawn therefrom, the Court must Deny Defendant Klinger’s Motion to Vacate the Renewed Judgment. (CCP § 683.170.)
Defendant seeks to vacate the renewed judgment which is based upon the original default judgment that was entered in October of 2009. Defendant seeks to vacate the renewed judgment on the grounds that he was never served with the summons and complaint. This is a basis to move to vacate the renewal of a judgment. (See Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 207.)
The judgment debtor bears the burden of proving, by a preponderance of the evidence, that he or she is entitled to relief. (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 199.)
The decision in Fidelity was grounded in the fact that the parties were in agreement there that the defendant hadn’t been properly served with the summons and compl
Hearing Date
March 13, 2020
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MOTION TO SET ASIDE/VACATE JUDGMENT
After considering the competent evidence before the Court and the reasonable inferences to be drawn therefrom, the Court must Deny Defendant Klinger’s Motion to Vacate the Renewed Judgment. (CCP § 683.170.)
Defendant seeks to vacate the renewed judgment which is based upon the original default judgment that was entered in October of 2009. Defendant seeks to vacate the renewed judgment on the grounds that he was never served with the summons and complaint. This is a basis to move to vacate the renewal of a judgment. (See Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 207.)
The judgment debtor bears the burden of proving, by a preponderance of the evidence, that he or she is entitled to relief. (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 199.)
The decision in Fidelity was grounded in the fact that the parties were in agreement there that the defendant hadn’t been properly served with the summons and compl