Defendant Torrez’s motion to set aside default judgment is GRANTED. Defendant’s Answer is deemed filed this date.
Defendant Torrez moves to set aside default judgment pursuant to CCP 473.5.
Where service of summons has not resulted in actual notice to a party in time to defend the action, the Court is empowered to grant relief from a default or default judgment. (CCP 473.5.) A notice of motion to set aside a default or default judgment and for leave to defend the action shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. (CCP 473.5(b).) This section is designed to provide relief where there has been proper service of summons but defendant nevertheless did not find out about the action in time to defend. Typically, these are cases in which service was made by publication. (See Randall v. Randall (1928) 203 C 462, 464–465.) A defendant is ent
Hearing Date
October 17, 2018
Type
Other Promissory Note/Collections (General Jurisdiction)
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Defendant Torrez’s motion to set aside default judgment is GRANTED. Defendant’s Answer is deemed filed this date.
Defendant Torrez moves to set aside default judgment pursuant to CCP 473.5.
Where service of summons has not resulted in actual notice to a party in time to defend the action, the Court is empowered to grant relief from a default or default judgment. (CCP 473.5.) A notice of motion to set aside a default or default judgment and for leave to defend the action shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. (CCP 473.5(b).) This section is designed to provide relief where there has been proper service of summons but defendant nevertheless did not find out about the action in time to defend. Typically, these are cases in which service was made by publication. (See Randall v. Randall (1928) 203 C 462, 464–465.) A defendant is ent