California Lutheran University v. Impastato

Case No.: CVCV17-147    

Defendant Damiano Impastato’s motion to vacate the abstract of judgment, based on Code of
Civil Procedure sections 473 and 473.5, as set forth below, is DENIED. The Court treats the
instant motion as a motion to set aside the default judgment entered on December 12, 2017.
Defendant’s motion to set aside the default judgment on the grounds of “mistake, inadvertence,
surprise or excusable neglect” is untimely, and is therefore DENIED. Motions made pursuant to
Code of Civil Procedure section 473(b) must be made within 6 months. The instant motion was
made on July 6, 2018. (Code Civ. Proc., § 473, subd. (b).)
Defendant’s motion to set aside the default judgment on the ground that he lacked actual
notice of the action is DENIED. (Code Civ. Proc., § 473.5.) When service of summons does
not result in actual notice to a defendant in time to defend the action and a default or default
judgment has been entered, section 4........