Case Number: 02E08471    Hearing Date: August 11, 2014    Dept: 77

1. Defendant Vangelia Hardie’s Motion to Set Aside Default Judgment is GRANTED. CCP §§ 128, 473.5 and 1005. While this motion is untimely, as it had to be filed by July 18, 2014 and mail served by July 12, 2014 and any request for relief per CCP § 473.5 would be untimely because Defendant has brought this motion under CCP § 473.5 and filed beyond the 2 year limitation of CCP § 473.5, the Court finds that Defendant has set forth sufficient facts for the Court to grant this motion on equitable grounds, especially in light of the Defendant being served at the wrong address by Plaintiff, including the most recent Application And Notice of Renewal of Judgment (served at 8913 S. 4th St. Ingelwood).

Equitable relief from a default judgment can be sought at any time on the ground of “extrinsic fraud or mistake.” Olivera v. Grace (1942) 19 C2d 570, 576. There are three essential requirements to obtain relief. The party in default must show: (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense to the original action; and (3) diligence in seeking to set aside the default once it was discovered. Per Rappleyea v. Campbell (1994) 8 Cal. 4th 975, “after six months from entry of default, a trial Court may still vacate a default on equitable grounds even if statutory relief is unavailable. One ground for equitable relief is extrinsic mistake–a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits. Relief is generally available only for extrinsic fraud or mistake. But these terms are given a broad interpretation and cover almost any circumstance by which a party has been deprived of a fair hearing. Estate of Sanders v. Sutton (1985) 40 C3d 607, 614. There need be no actual fraud or mistake in the strict sense.

In addition, Plaintiff has filed an untimely Opposition to this motion. Accordingly, based on the above, this motion is granted. Defendant is ordered to file an Answer within 30 days,

The Court sets this matter for Non-Jury trial on August 10, 2015, 8:30 a.m., Dept. 77.

PLEASE NOTE: DEFENDANT IS REQUIRED AND ORDERED TO PAY A FIRST APPEARANCE FEE WITH THE COURT CLERK BEFORE THIS RULING CAN BE ISSUED.

Clerk to give notice.

2. Judgment Creditor/Assignee of Record Credilogical Systems, LLC’s Motion for Earning Withholding Order on the Spouse of Judgment Debtor is DENIED. CCP § 128. The Proof of Service filed with the motion does not reflect that the Judgment Debtor and her husband were served separately with this motion. CCP § 1014. In addition, the Court has granted Defendant’s Motion to Vacate Default Judgment in this matter. Accordingly, this case will proceed to trial and this motion is denied.

Moving party to give notice.