CLJ509588 VELOCITY INVESTMENTS VS. ANABELLA C. FERNANDEZ

VELOCITY INVESTMENTS, LLC MATTHEW J. KUMAR ANABELLA C. FERNANDEZ

MOTION TO VACATE JUDGMENT

 DENIED. Plaintiff Velocity Investments, LLC’s unopposed Motion to Vacate Default and Default Judgment is Denied. Plaintiff Velocity Investments has not demonstrated any grounds for relief under CCP, Section 473 (b).

 This is a debt collection action to recover approximately $4,950 in unpaid credit card charges. Plaintiff moves to vacate and set aside the default and default judgment in its own favor. No Defendant opposes the Motion.

 The sole ground for Plaintiff’s application appears to be that Plaintiff has received information that the unpaid credit card charges were incurred by a third party who was committing an identity theft, and not incurred by the Defendant. However, Plaintiff does not appear to be asking for CCP, Section 473(b) relief in order to file a Request for Dismissal upon vacation of the Default/Default Judgment if granted by the Court.

 CCP §473(b) permits a party to obtain relief from a default or default judgment entered against him or her as a result of his or her mistake, inadvertence, surprise or excusable neglect. Relief must be sought within a reasonable time, in no event exceeding six months. Id.

 In this case plaintiff, not defendant, is seeking relief from the default and default judgment entered against defendant and there is no showing that either was entered as a result of defendant’s mistake, inadvertence, surprise of excusable neglect. The declaration of Robert Colclough merely states that plaintiff received information that the debt was incurred fraudulently without any further explanation. Furthermore, the default and default judgment were entered more than six years ago on February 1, 2012.

 If the Tentative Ruling is uncontested, it shall stand as the Order of the Court, effective immediately pursuant to Rule 3.1308 (a) (1), Calif. Rules of Court, as adopted by Local Rule 3.10,
and no formal order pursuant to Rule 3.1312, or any other notice, is required, the tentative ruling having given sufficient notice to the parties.