Plaintiff’s Motion to Vacate Default Judgment.
Default was entered against defendant on February 19, 2009. A default judgment was entered against defendant on February 20, 2009 in the amount of $9,259.26. Plaintiff moves to vacate the default judgment pursuant to Code of Civil Procedure, § 473(b) on the ground that it was entered due to mistake, surprise, inadvertence, or excusable mistake in that after plaintiff obtained entry of the judgment it discovered that the underlying debt may have resulted from identity theft/fraud committed upon defendant. Plaintiff requests that the judgment be vacated and the case dismissed.
Relief from default under Section 473(b) is unavailable. “The six-month outside time limit for granting relief is jurisdictional and the court may not consider any motion made after that period has elapsed. (Smith v. Pelton Water Wheel Co. (1907) 151 Cal. 394, 397, 90 P. 934; Schwartz v. Smookler (1962) 202 Cal.App.2d 76, 81, 20 Cal.Rptr. 507.)” (Stevenson v. Turner (1
Hearing Date
August 30, 2018
Type
COLLECTION - LIMITED
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Plaintiff’s Motion to Vacate Default Judgment.
Default was entered against defendant on February 19, 2009. A default judgment was entered against defendant on February 20, 2009 in the amount of $9,259.26. Plaintiff moves to vacate the default judgment pursuant to Code of Civil Procedure, § 473(b) on the ground that it was entered due to mistake, surprise, inadvertence, or excusable mistake in that after plaintiff obtained entry of the judgment it discovered that the underlying debt may have resulted from identity theft/fraud committed upon defendant. Plaintiff requests that the judgment be vacated and the case dismissed.
Relief from default under Section 473(b) is unavailable. “The six-month outside time limit for granting relief is jurisdictional and the court may not consider any motion made after that period has elapsed. (Smith v. Pelton Water Wheel Co. (1907) 151 Cal. 394, 397, 90 P. 934; Schwartz v. Smookler (1962) 202 Cal.App.2d 76, 81, 20 Cal.Rptr. 507.)” (Stevenson v. Turner (1