TENTATIVE RULING
Calendar: 13
Date: 7/26/19
Case No: EC 062054
Case Name: Sandoval, et al. v. Ethel Valley, LLC
MOTION TO VACATE JUDGMENT
Moving Party: Defendant Ethel Valley, LLC
Responding Party: Plaintiffs Ruben Sandoval and New Harvest Christian Fellowship
RULING;
Motion to Vacate Void Judgment for Lack of Jurisdiction is GRANTED.
The default judgment entered on November 3, 2014 is set aside as void pursuant to CCP § 473(d), as the relief granted to the plaintiffs on default exceeded that demanded in the complaint, as the complaint does not in its prayer include allegations that a specific sum was due, or other allegations sufficient to put defendant on notice of the sum of damages sought. See CCP § 580; Greenup v. Rodman (1986) 42 Cal.3d 822, 830.
Answer or other responses to complaint due in 10 days.
RELIEF REQUESTED:
Vacate default judgment in this action
FACTUAL BACKGROUND:
Plaintiffs Ruben Sandoval and New Harvest Christian Fellowship allege that while they were
Hearing Date
July 26, 2019
Type
Wrongful Eviction Case (General Jurisdiction)
Status
Default Judgment per Declaration 11/03/2014
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TENTATIVE RULING
Calendar: 13
Date: 7/26/19
Case No: EC 062054
Case Name: Sandoval, et al. v. Ethel Valley, LLC
MOTION TO VACATE JUDGMENT
Moving Party: Defendant Ethel Valley, LLC
Responding Party: Plaintiffs Ruben Sandoval and New Harvest Christian Fellowship
RULING;
Motion to Vacate Void Judgment for Lack of Jurisdiction is GRANTED.
The default judgment entered on November 3, 2014 is set aside as void pursuant to CCP § 473(d), as the relief granted to the plaintiffs on default exceeded that demanded in the complaint, as the complaint does not in its prayer include allegations that a specific sum was due, or other allegations sufficient to put defendant on notice of the sum of damages sought. See CCP § 580; Greenup v. Rodman (1986) 42 Cal.3d 822, 830.
Answer or other responses to complaint due in 10 days.
RELIEF REQUESTED:
Vacate default judgment in this action
FACTUAL BACKGROUND:
Plaintiffs Ruben Sandoval and New Harvest Christian Fellowship allege that while they were