Judge Lee W. Tsao, Case Number: 24NWCV00750, Date: 2024-05-09 Tentative Ruling

Judge: Lee W. Tsao, Case: 24NWCV00750, Date: 2024-05-09 Tentative Ruling

Case Number: 24NWCV00750 Hearing Date: May 9, 2024 Dept: C

GONZALEZ v. HOPKINSON

CASE NO.: 24NWCV00750

HEARING: 05/09/24

Defendant MARILYN HOPKINSON’s Motion to Set the Judgment is DENIED. The request to Quash any Writ of Possession/Execution is MOOT.

Opposing Party to give Notice.

No Reply filed as of May 6, 2024.

This action for unlawful detainer was filed on March 11, 2024. Judgment after Court trial was entered against Defendants MARILYN HOPKINSON (“Defendant Hopkinson”) and TIUPITA LEIATUAUA on April 16, 2024.

Defendant Hopkinson moves to set aside the judgment under CCP §473(b) and/or on the basis that the judgment entered against her is void because it is based, in whole or in part, on external fraud or mistake.

CCP §473(d)

At any time, “[t]he court…may on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP §473(d).)

To the extent Defendant Hopkinson argues that the judgment entered on April 16, 2024 is void, that argument is rejected. Defendant Hopkinson offers no argument or evidence to suggest that the judgment is void on its face.

CCP §473(b)

Defendant Hopkinson states she received notice that trial was scheduled for April 16, 2024, but she was confused and went to Court to inquire. She was told that trial was scheduled for August 5, 2024, and she need not appear on April 16, 2024. However, Defendant Hopkinson submits nothing to document what she was told by the Court. Her request for relief under CCP §473(b) is DENIED.

Equitable Relief

Where statutory relief is unavailable, a trial court has inherent, equitable power to set aside a judgment on the ground of extrinsic fraud or mistake. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.) No evidence of fraud or mistake is proffered, which would support a basis for equitable relief.