Judge: Andrew E. Cooper, Case: 23CHCP00273, Date: 2023-12-12 Tentative Ruling

Case Number: 23CHCP00273    Hearing Date: December 12, 2023    Dept: F51

MOTION TO SET ASIDE/VACATE JUDGMENT

Motion filed: 8/21/23

MOVING PARTY: Plaintiff Wilson 495, LLC, a Montana limited liability company (“Plaintiff”)

RESPONDING PARTY: Defendant WH Willson 16 LLC, a California limited liability company (“Defendant”)

NOTICE: ok

RELIEF REQUESTED: An order setting aside the Court’s entry of sister state judgment against Defendant.

TENTATIVE RULING: The unopposed motion is granted.

BACKGROUND

This is a sister-state judgment case wherein on 1/11/23, Plaintiff obtained a default judgment against Defendant in connection with Wilson 495, LLC v. WH Willson 16, LLC, Cause No. DV-22-408A, Montana Eighteenth Judicial District, Gallatin County (the “Montana Case”). Plaintiff sought to enforce the judgment in California and on 6/28/23, obtained a sister-state judgment against Defendant. After this Court entered judgment, Defendant filed a motion to set aside the default judgment in the Montana Case. On 7/28/23, the Montana court granted Defendant’s motion. (Ex. 2 to Decl. of Jordan Cohen.) Because the Montana Case judgment has effectively been rendered invalid, Plaintiff seeks an order from this Court setting aside the sister-state judgment.

On 8/21/23, Plaintiff filed the instant motion to set aside. No opposition has been filed to date.

ANALYSIS

“The court may, … on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc § 473, subd. (d).) Moreover, a sister-state judgment “may be vacated on any ground which would be a defense to an action in this state on the sister state judgment.” (Code Civ. Proc. § 1710.40.)

Here, Plaintiff contends that because the default judgment against Defendant in the underlying Montana Case has been vacated by that court, the sister-state judgment against Defendant in this Court should likewise be vacated. The Court agrees. Accordingly, the unopposed motion is granted.

CONCLUSION

The unopposed motion is granted, and the judgment against Defendant is vacated.