The Motion Defendant/Judgment Debtor Shaukat Ali Chohan to Set Aside the Default Judgment is DENIED.
Code of Civil Procedure Section 473(d) provides that: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” There is no time limit on motions to set aside void orders and judgments. (See Code Civ. Proc., § 473(d).)
A default judgment “cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.114.” (Code Civ. Proc., § 580(a).) A default judgment for greater relief or a different form of relief than demanded in the complaint is beyond the court’s jurisdiction. (Marriage of Lippel (1990) 51 Cal.3d 1160, 1167; Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 752; Dhawan v. Biring (
Hearing Date
October 30, 2020
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The Motion Defendant/Judgment Debtor Shaukat Ali Chohan to Set Aside the Default Judgment is DENIED.
Code of Civil Procedure Section 473(d) provides that: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” There is no time limit on motions to set aside void orders and judgments. (See Code Civ. Proc., § 473(d).)
A default judgment “cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.114.” (Code Civ. Proc., § 580(a).) A default judgment for greater relief or a different form of relief than demanded in the complaint is beyond the court’s jurisdiction. (Marriage of Lippel (1990) 51 Cal.3d 1160, 1167; Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 752; Dhawan v. Biring (