2011-00116504-CU-CL

Sacramento Madison Woods COA vs. Nancy Wood

Nature of Proceeding: Motion to Set Aside Default Judgment

Filed By: Starr, Matthew C.

Plaintiff Sacramento Madison Woods Condominium Owners Association’s unopposed motion to set aside default judgment and enter another judgment against Defendants is granted.

In this action Plaintiff sought to recover unpaid homeowner association fees and penalties from Defendants Gianne and Ruby Rose Apurdado. Default was entered on March 23, 2012. On June 26, 2015, the Court entered default judgment against Defendants in the amount of $7,497.82. After judgment was entered, Plaintiff discovered that at the time the judgment was entered, Defendants were debtors in bankruptcy such that the Default Judgment was entered in violation of the bankruptcy stay in 11 U.S.C. § 362. Plaintiff was unaware of the bankruptcy as Defendants did not appear in the instant action, did not file a notice of stay and did not list Plaintiff as a creditor in the bankruptcy. The bankruptcy case was dismissed on March 15, 2016 and none of Defendants’ debts were discharged. (Craighead Decl. ¶ 8; Fleshman Decl. ¶ 7.)

Having now learned of the previous bankruptcy Plaintiff seeks to set aside the June 16, 2015 Default Judgment entered in violation of the bankruptcy stay pursuant to CCP

§ 473(d) which allows the Court to set aside a void judgment. Plaintiff also seeks an order entering a new judgment which would be effective from the date the Court grants the instant motion and therefore cures the defect of the previously void judgment.

The motion is unopposed and granted.

The Court will sign the proposed order.