Judge: Elaine W. Mandel, Case: 23SMUD01889, Date: 2024-02-15 Tentative Ruling

Case Number: 23SMUD01889    Hearing Date: February 15, 2024    Dept: P

Ruling

Shores Barrington LLC v. Norman Solomon et al., Case No. 23SMUD01889

Hearing Date February 15, 2024

Defendant’s Ex Parte Application to Set Aside Stipulation

In this unlawful detainer action, on November 30, 2023 the parties stipulated to entry of judgment for $50,000 and possession of the premises. Among other terms, the stipulation set a final lockout date for December 15, 2023 and required plaintiff Barrington to refrain from attempting to collect from defendant Vozniouk until January 31, 2024.   

Defendant Vozniouk moves ex parte for an order setting aside the stipulation and judgment on the grounds of surprise, mistake, excusable neglect and inadvertence, and for leave to file a responsive pleading.

Vozniouk does not deny signing the November 30 stipulation. She was aware of the circumstances underlying this motion since that date at the earliest and does not explain why she delayed more than two months before seeking to set the default judgment aside. This cuts against a finding of excusable neglect.

Vozniouk argues the underlying complaint was not properly served, rendering the judgment void for lack of jurisdiction. Vozniouk waived her right to make this argument by voluntarily signing a stipulation agreement. Judgment was not entered through default or after a trial; it was entered because, by Vozniouk’s own admission, both parties agreed voluntarily to settle the case.

Vozniouk states she was under “tremendous stress” in the days leading up to the stipulation, and she was “offended” by certain comments made by the presiding judge and by opposing counsel, and the stipulation was “hard to understand.” Vozniouk provides no authority for the premise that any of these circumstances is a valid basis for setting aside a stipulated judgment.

Finally, Vozniouk alleges she was not offered an interpreter during the stipulated judgment hearing, despite interpreters being present at prior hearings in this matter. The court agrees this has potential due process implications. As explained above, however, Vozniouk signed the stipulation in late November 2023, and chose not to challenge the circumstances of its formation until February 2024. The motion provides no justification for this delay. Vozniouk voluntarily signed a stipulated judgment. She has not provided adequate justification for the court to set the stipulation aside. DENIED.