What is a Motion to Vacate Default Judgment?

Useful Rulings on Motion to Vacate Default Judgment

Recent Rulings on Motion to Vacate Default Judgment

FC MARKETPLACE, LLC VS SPN INVESTMENTS, INC

On 7/21/20, this court denied Defendant’s motion to vacate default judgment, finding that Plaintiff substantially complied with the service of summons statutes pursuant to Gibble v. Car-Lene Research, Inc. (1998) 67 CA4th 295, 313. Plaintiff served the notice of ruling by electronic service on 7/29/20. Pursuant to CCP § 1008, the deadline to file and serve the motion is 10 days thereafter landing on 8/8/20, a Saturday. Per CRC § 1.10(a), if the last day lands on a Saturday, then it is also excluded.

  • Hearing

    Sep 29, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

2 COOPER SQUARE, LLC VS JOSHUA SINGER

.: 20STCP00121 Hearing Date: 9/28/2020 [TENTATIVE] RULING RE: Defendant’s Motion to Vacate Default Judgment Judgment Debtor Joshua Singer’s motion to vacate default judgment is granted. Legal Standard The entry of a sister state judgment may only be vacated by establishing a defense under Code of Civil Procedure, section 1710.40. (CCP § 1710.40; see Liquidator of Integrity Ins. Co. v. Hendrix (1997) 54 Cal.App.4th 971, 973.)

  • Hearing

    Sep 28, 2020

(NO CASE NAME AVAILABLE)

PARTY: Plaintiff City of Los Angeles MOTION TO SET ASIDE/VACATE DEFAULT JUDGMENT (CCP § 473.5 ) TENTATIVE RULING: Defendant Victor Cirrincione’s Motion to Set Aside Default Judgment is DENIED.

  • Hearing

    Sep 28, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

LUIS RODRIGUEZ VS. SECRET RECIPES, INC.

) · On 5/16/16, Defendant filed a motion to vacate default judgment, which the Court denied on 7/8/16. On 12/12/18, Defendant filed a second motion to vacate default judgment, which the Court denied on 2/8/19. Defendant filed a Notice of Appeal on this order (“Appeal No. 3”). (Pl.’s RJN, Ex. 2.) · On 5/22/19, Plaintiff filed a motion to dismiss Defendant’s appeal as to Appeal Nos. 1-3.

  • Hearing

    Sep 25, 2020

  • County

    Los Angeles County, CA

AMERICAN CONTRACTORS INDEMNITY COMPANY, VS JORES BAGHOOMIAN

Conclusion Defendant Jores Baghoomian’s Motion to Vacate Default Judgment is DENIED. Plaintiff to give notice.

  • Hearing

    Sep 21, 2020

  • County

    Los Angeles County, CA

AMERICAN CONTRACTORS INDEMNITY COMPANY, VS JORES BAGHOOMIAN

Conclusion Defendant Jores Baghoomian’s Motion to Vacate Default Judgment is DENIED. Plaintiff to give notice. Defendant Jores Baghoomian’s Motion to Vacate Default Judgment is DENIED.

  • Hearing

    Sep 21, 2020

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

The Court having denied Defendant’s first and second Motions to Vacate Default Judgment, and the Appellate Division having affirmed the Court’s January 9, 2019 order denying the first Motion to Vacate Default Judgment, the Court finds Defendant’s third Motion to Vacate Default Judgment, etc. to be an improper motion for reconsideration of the first and second Motions to Vacate Default Judgment.

  • Hearing

    Sep 03, 2020

  • County

    Los Angeles County, CA

FALLBROOK HOSPITAL VS GULLY

Judgment Debtor/Defendant Kevin Gully's Motion to Vacate Default Judgment is taken off calendar for defective service. This is Defendant's second attempt to vacate the default judgment entered against him in October 2006. His first motion was taken off calendar on February 21, 2020, because he had untimely served the motion and had mailed it to the wrong address. The current motion was timely served. However, Defendant mailed the current motion to precisely the same wrong address for Plaintiff's counsel.

  • Hearing

    Sep 03, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CALIFORNIA CASUALTY INDEMNITY EXCHANGE VS AMADOR SAGRERO, AN INDIVIDUAL

MOTION TO SET ASIDE DEFAULT JUDGMENT (CCP §§ 473(b), 473.5) TENTATIVE RULING: Defendant Leonardo Orozco’s Motion to Vacate Default Judgment and Defendant Armado Sagrero’s Motion to Vacate Default Judgment are PLACED OFF CALENDAR. ANALYSIS: On September 25, 2017, Plaintiff California Casualty Indemnity Exchange (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Amador Sagrero (“Defendant Sagrero”) and Leonardo Orozco (“Defendant Orozco”).

  • Hearing

    Sep 03, 2020

  • County

    Los Angeles County, CA

AMERICAN TIRE DISTRIBUTORS, INC. VS 1ST AMERICAN FINANCIAL INC, ET AL.

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(b)) TENTATIVE RULING: Defendant Shake Sharon Daghlian’s Motion to Vacate Default Judgment is GRANTED. DEFENDANT SHAKE SHARON DAGHLIAN IS TO FILE AND SERVE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER. ANALYSIS: Plaintiff American Tires Distributors, Inc.

  • Hearing

    Sep 02, 2020

  • County

    Los Angeles County, CA

AMERICAN TIRE DISTRIBUTORS, INC. VS 1ST AMERICAN FINANCIAL INC, ET AL.

MOTION TO VACATE DEFAULT JUDGMENT (CCP § 473(b)) TENTATIVE RULING: Defendant Shake Sharon Daghlian’s Motion to Vacate Default Judgment is GRANTED. DEFENDANT SHAKE SHARON DAGHLIAN IS TO FILE AND SERVE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER. ANALYSIS: Plaintiff American Tires Distributors, Inc.

  • Hearing

    Sep 02, 2020

MAVENLINK, INC. V GROOVE COMMERCE LLC

Moving Party, Defendant Groove Commerce LLC, Motion to Vacate Default Judgment. Motion to Vacate Default and Default Judgment entered August 27, 2019 as to Defendant is GRANTED pursuant to CCP§473(d). This motion was properly brought under Code Civ. Proc. § 473(d) as Defendant contends that service of the Summons and Complaint was ineffective. If the summons was not properly served, the judgment is void because it violates due process. (Peralta v. Heights Med.

  • Hearing

    Sep 01, 2020

CAVALRY SPV I VS JUAREZ

The hearing on Defendant Nutt's motion to vacate default judgment is taken off calendar for defective service. No proof of service has been filed with Defendant's motion. Plaintiff has not opposed the motion. Therefore, objections to defects in service have not been waived. IT IS SO ORDERED. This ruling is the order of the Court, filed as of this date. No formal order is required.

  • Hearing

    Aug 27, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CAVALRY SPV I, LLC, AS ASSIGNEE OF HSBC BANK NEVADA, N.A. \ SUZUKI VS. NUTT

The hearing on Defendant Nutt's motion to vacate default judgment is taken off calendar for defective service. No proof of service has been filed with Defendant's motion. Plaintiff has not opposed the motion. Therefore, objections to defects in service have not been waived. IT IS SO ORDERED. This ruling is the order of the Court, filed as of this date. No formal order is required.

  • Hearing

    Aug 27, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

JOHN THALER VS. TARZANA FALLS HOA, ET AL

Judicial Notice Defendants request that the Court take judicial notice of: (1) Notice of Motion, Motion to Set Aside/Vacate Default Judgment, Memorandum of Points & Authorities, and Declaration of John H. Thaler in Case Number 11E11652; (2) Exhibits N, F, and G to the Declaration of John H.

  • Hearing

    Aug 25, 2020

S.L. CONTOURSI, INC. V. LIQUID BUILLION CAC, LLC

Lee) Motion to Set Aside Default and Vacate Default Judgment, filed on 7-21-20 under ROA No. 101. The court finds that the default judgment is void due to improper service as discussed above., is GRANTED. Defendants are to give notice.

  • Hearing

    Aug 18, 2020

MICAELA LEYVA VS. KAREN BACA AN INDIVIDUAL

The opposition argues, and the reply concedes, that the Judgment upon which the moving papers rely, was not the final judgment in that matter, but that the Judgment relied upon was subsequently set aside by the court in the unlawful detainer matter on April 12, 2016, when the court granted an ex parte motion to vacate default judgment, with the matter ultimately being resolved through an order dismissing the case with prejudice on June 24, 2016.

  • Hearing

    Aug 14, 2020

  • Type

    Real Property

  • Sub Type

    other

STEVE KOTT VS NATALIA BENSHAW, ET AL.

On March 12, 2020, defendants filed a motion to set aside and/or vacate default judgment. On March 16, 2020, defendants filed a “first amended” version of their motion to set aside default judgment. The court notes as a preliminary matter that these documents are mislabeled given that no judgment has been entered against defendants, although their defaults were entered on August 5, 2019.

  • Hearing

    Aug 12, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FIRST INVESTORS VS MENDOZA; BR

HEARING ON MOTION TO/FOR VACATE DEFAULT JUDGMENT FILED BY FIRST INVESTORS SERVICING CORPORATION, ATTO RN * TENTATIVE RULING: * Plaintiff moves to vacate a Default Judgment entered against the Defendant on March 9, 2020. Plaintiff alleges that the Defendant filed for bankruptcy on March 6, 2020 and that filing automatically stayed the proceedings in this case and precluded the entry of a default judgment. The motion to vacate the default judgment is granted and the case is reinstated.

  • Hearing

    Aug 10, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

(NO CASE NAME AVAILABLE)

. §§ 473(d), 473.5) TENTATIVE RULING: Defendant Rodney Maez’s Motion to Vacate and Vacate Default Judgment is DENIED. ANALYSIS: Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action against Defendant Rodney Maez (“Defendant Rodney”) and Ashley Diane Maez (“Defendant Ashley”) on July 20, 2017. The court entered default judgment against Defendants on August 9, 2018.

  • Hearing

    Aug 05, 2020

NORA MENDOZA VS. KAREN BACA, AN INDIVIDUAL

The opposition argues, and the reply concedes, that the Judgment upon which the moving papers rely, was not the final judgment in that matter, but that the Judgment relied upon was subsequently set aside by the court in the unlawful detainer matter on April 12, 2016, when the court granted an ex parte motion to vacate default judgment, with the matter ultimately being resolved through an order dismissing the case with prejudice on June 24, 2016.

  • Hearing

    Jul 31, 2020

MICAELA LEYVA VS. KAREN BACA AN INDIVIDUAL

The opposition argues, and the reply concedes, that the Judgment upon which the moving papers rely, was not the final judgment in that matter, but that the Judgment relied upon was subsequently set aside by the court in the unlawful detainer matter on April 12, 2016, when the court granted an ex parte motion to vacate default judgment, with the matter ultimately being resolved through an order dismissing the case with prejudice on June 24, 2016.

  • Hearing

    Jul 31, 2020

  • Type

    Real Property

  • Sub Type

    other

2 COOPER SQUARE, LLC VS JOSHUA SINGER

Discussion Movant Joshua Singer moves to vacate default judgment on grounds that the New York Supreme Court, County of Westchester, which granted default judgment against him on August 16, 2017 in the action 2 Cooper Square LLC v. Joshua Singer (Index No. 67146/2016), had no jurisdiction over him, as he had not been served with summons in that action; and alternatively on grounds of excusable default. An opposition has not been filed.

  • Hearing

    Jul 29, 2020

BANK OF AMERICA, N.A. VS ARMENUI SAMVELIAN

19STCV24891 BANK OF AMERICA vs ARMENUI SAMVELIAN Defendant Armenui Samvelian’s Unopposed Motion to Set Aside and Vacate Default Judgment TENTATIVE RULING: The motion is GRANTED. Defendant may file an answer within 20 days. The Court entered the default judgment because the Defendant failed to appear in this action; however, Defendant alleges she is a victim of identity theft and resides in Orange County.

  • Hearing

    Jul 23, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

(NO CASE NAME AVAILABLE)

FILED: 02-10-12 CASE NUMBER: LAM12K02327 DEFAULT: 07-20-12 NOTICE: OK DEFAULT JDMT: 07-24-12 PROCEEDINGS: MOTION TO VACATE DEFAULT JUDGMENT MOVING PARTY: Defendant Glenn D. Cunanan RESP. PARTY: None MOTION TO SET ASIDE/VACATE DEFAULT AN DEFAULT JUDGMENT (Equitable Relief) TENTATIVE RULING: Defendant Glenn D. Cunanan’s Motion to Vacate Default Judgment is GRANTED ON THE CONDITION that Defendant files a verified version of the proposed answer within ten (10) days of this order.

  • Hearing

    Jul 23, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

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