Re: Nobia Joyce v. Shawn M. Millner, et al. (KC067782)

MOTION TO VACATE AND SET ASIDE DEFAULT AND ANY DEFAULT JUDGMENT

Moving Party: Cross-Defendant Nobia Joyce

Respondents: Cross-Complainants Shawn M. Millner and Laurence Todd

POS: Moving papers filed on 10/3/16, with e-mail and mail service; no indication electronic service an agreed form of service by opposing parties per CCP § 1010.6, contrary to CCP § 1005(b); Opposing papers filed just 8 court days prior to the hearing, contrary to CCP § 1005(b)

This is a partition action filed by Plaintiff Nobia Joyce against her daughter Shawn M. Millner, individually and as trustee for the Shawn Marie Millner Revocable Trust, and her daughter’s boyfriend, Laurence Todd. Plaintiff alleges that she purchased the subject property with her daughter in March 21, 1996 and that she owns 50% of the subject property, but that defendants have been attempting to remove her from the subject property. The complaint, filed on July 17, 2015, asserts ca