Motion to Vacate Renewal of Judgement
TENTATIVE RULING
Defendant’s Unopposed Motion to Vacate Renewal of Judgment is granted. The original default judgment was entered by the Clerk of the Court because of an erroneous submission by plaintiff pursuant to Code of Civ. Proc. 585(a). Since the only proof of service of the action on defendant was by publication, CCP sec. 585(a) was inapplicable. Pursuant to CCP sec. 585(c) only a court default judgment could have been entered. The original judgment is void, so is its renewal. CCP 473(d); Calvert v. Al Binali (2018) 29 Cal. App. 5th 954; Peralta v. Heights Medical Center, Inc. (1988) 485 US 80. The original default judgment entered against defendant on March 9, 2010, is vacated as is the renewal of judgment dated February 25, 2020. A dismissal hearing pursuant to CCP secs. 583.310 and 583.410 is set for Aug. 5, 2020, at 9:00 a.m. in Dept. 4. Defendant to submit a conforming order on his motion to the court for signature and filing, and to gi