MOTION TO VACATE DEFAULT JUDGMENT

(CCP § 473(b))

TENATIVE RULING:

Plaintiff Portfolio Recovery Associates, LLC’s Motion to Vacate Default Judgment is CONTINUED TO SEPTEMBER 23, 2019 AT 9:00 AM IN DEPARTMENT 94.

ANALYSIS:

On March 28, 2011, Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) filed the instant collections action against Defendant Francisco M. Perez (“Defendant”). Default was entered on June 7, 2011, and default judgment was entered on June 9, 2011. On June 14, 2019, Plaintiff filed the instant motion to vacate the default judgment. To date, no opposition has been filed.

The motion is brought pursuant to Code of Civil Procedure section 473, on the grounds that that default judgment was entered due to Plaintiff’s counsel’s mistake. Plaintiff contends that at the time the default judgment was entered against Defendant, it did not realize he was a victim of identity theft. (Motion, Cook Decl., ¶¶4-5.)

A motion brought pursuant to Code of Civil Procedure section