Judge: Elaine W. Mandel, Case: SC129046, Date: 2023-02-24 Tentative Ruling

Case Number: SC129046    Hearing Date: February 24, 2023    Dept: P

Tentative Ruling

American Express v. Opiparo, Case No. SC129046

Hearing Date February 24, 2023

Defendant Opiparo’s Motion to Set Aside Default

Default judgment was entered against defendant Chiara Opiparo on September 10, 2020. Opiparo moved ex parte to set aside and vacate the default on February 7, 2023, arguing she was out of the country when the action was served and when default was entered and never received notice of the lawsuit or default.

A court may set aside a judgment entered against a party through his or her “mistake, inadvertence, surprise, or excusable neglect.” Cal. Code of Civ. Proc. §473(b). Once more than six months have passed since entry of default judgment, statutory relief is unavailable but a court may still vacate a default on equitable grounds. Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981. Due to the policy in favor of finality of judgments, when default judgment has been obtained, relief should be granted only in exceptional circumstances. Id. at pg. 982. To obtain such relief on the basis of extrinsic mistake, the defaulted party must demonstrate it has a meritorious case, a satisfactory excuse for not presenting a defense to the original action and diligence in seeking to set aside. Id.  

Default judgment was entered in September 2020. Since more than six months have passed since the entry of judgment, Opiparo must meet the requirements for equitable relief in Rappleyea.

Defendant must demonstrate she has a meritorious case and explain how her absence from the country is a satisfactory excuse for not presenting a defense. She does not explain when she was out of the country and why she was unaware of mail sent to her home address while absent.

In the interests holding a hearing on the merits, the court will briefly continue the matter to allow defendant to present evidence regarding a meritorious defense, an excuse for not defending the original action, and due diligence in seeking to set aside the default.