Tentative ruling for October 27, 2020 on Defendant/Cross-Defendant Ashley Francovich's Motion to Set Aside Default and Default Judgment
Cross-Defendant Ashley Francovich's Motion to Vacate Default and Default Judgment is DENIED. The motion is not timely per CCP § 473(b) as the default was entered on 2-26-20 and this motion was not filed until 9-29-20, beyond the six-month limitation of CCP § 473(b).
After expiration of the 6-month period, defendant may obtain relief by showing "lack of notice" of the proceedings. CCP § 473.5. Ms. Francovich admits having actual notice by personal service.
Finally, relief based on equitable grounds is not warranted. The requirements for equitable relief based on extrinsic mistake are fairly strict. (See Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981–982; Lee v. An (2008) 168 Cal.App.4th 558, 566.) Here, Cross-Defendant has presented insufficient evidence of a meritorious defense, satisfactory excuse and diligence following discovery of the default.