2018-00229132-CU-FR

Norman Masters vs. Sheri Lyn Sepanski

Nature of Proceeding: Motion to Set Aside Default and Default Judgment

Filed By: Sepanski, Sheri

Defendant Sheri Sepanski’s motion to set aside the default and default judgment entered on 10/25/18 is GRANTED.

The proof of service of summons in the court’s files indicates that the summons was personally served on 9/24/18 at an address that is not Sepanski’s home address. According to Sepanski, when the purported personal service was made, she was at

court on another matter and received court documents related to another case, but not the summons and complaint in this one.

Plaintiff Masters obtained Sepanski’s default and default judgment on 10/25/18.

Sepanski attempted to file her answer on 10/31/18, but the answer was rejected.

The court finds that Sepanski’s failure to file the answer before her default was taken was due to her mistake and excusable neglect. (See CCP § 473(b).)

Masters’ evidentiary objections are overruled. Masters’ request for judicial notice of court records is granted.

The default and default judgment entered on 10/25/18 are SET ASIDE.

Sepanski is directed to file and her answer no later than 2/01/19.

The court clerk will not detach and file the proposed answer filed with the motion as an exhibit. Sepanski must file it separately.

The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or further notice is required.