2012-00127005-CL-CL

KelKris Associates Inc vs. Teona D. Brown

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

Filed By: Brown, Teonna D.

Defendant Teona Brown’s motion to set aside default and default judgment is
UNOPPOSED and is GRANTED.
Default and default judgment were entered on August 28, 2013.

As Defendant’s motion was made more than six months after the default was entered,
it is not properly directed to the court’s statutory power to grant relief for mistake or
excusable neglect under Code of Civil Procedure section 473.

However, Defendant’s motion pursuant to CCP §473.5 is timely.  Defendant argues
that she did not receive notice of the summons/complaint because at the time she
purportedly substitute served, she was no longer living at the 7985 Windgate Way
address.  (Declaration of Teonna D. Brown.)  She never received a copy of the
summons/complaint by mail and was never notified of the lawsuit until her wages were
garnished.

Given the above, Defendant has sufficiently demonstrated that she did not receive
notice of the summons/complaint.

Defendant shall serve and file a copy of her answer by no later than June 9, 2014.

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