LVNV Funding, LLC v. Garabedian, et al

MOTION TO VACATE DEFAULT

(CCP § 473.5)

TENTATIVE RULING:

Defendant Sevag Garabedian’s Motion to Vacate Default Judgment is CONTINUED TO NOVEMBER 13, 2019 AT 19:30 AM IN DEPARTMENT 94.

ANALYSIS:

In October 2002, Plaintiff Providian National Bank (“Plaintiff”) filed the instant action against Defendant Sevag Garabedian (“Defendant”). Following Defendant’s failure to file a responsive pleading, the court entered his default and default judgment. The judgment was renewed on December 6, 2012 by Plaintiff’s Assignee, LVNV Funding, LLC (“LVNV Funding”). On March 5, 2019, Defendant filed a motion to vacate the default judgment pursuant to Code of Civil Procedure section 473, subdivision (d). The motion was denied without prejudice on April 29, 2019. On May 6, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment. On June 25, 2019, Plaintiff filed a full Acknowledgment of Satisfaction of Judgment. To date, no opposition has