Judge: Lee W. Tsao, Case: VC065698, Date: 2023-01-31 Tentative Ruling

Case Number: VC065698    Hearing Date: January 31, 2023    Dept: C

VELOCITY INVESTMENTS, LLC v. GRIER

CASE NO.:  VC065698

HEARING:  1/31/23 @ 9:30 AM

#2

TENTATIVE RULING

Specially appearing Defendant Grier’s unopposed motion to set aside default judgment is DENIED.

Moving Party to give NOTICE.

Specially appearing Defendant Ryan Grier moves to set aside the default judgment based on the court’s equitable powers.

Where a motion to vacate is made more than six months after entry of default, the motion is not directed to the court's statutory power under Cal. Civ. Proc. Code § 473 to grant relief for mistake or excusable neglect, but rather is directed to the court's inherent equity power under which it may grant relief from a default judgment where there has been extrinsic fraud or mistake. (Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.app.3d 725, 735-737.) 

Equitable relief may be given only in exceptional circumstances...  Beyond [the] period [provided for in CCP 473] there is a strong public policy in favor of the finality of judgments and only in exceptional circumstances should relief be granted.  (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 982.)

“[T]he party seeking equitable relief on the grounds of extrinsic fraud or mistake must show three elements: (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense in the first place; and (3) diligence in seeking to set aside the [order] once discovered.”  (Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750.)

Grier did not file a declaration in support of the motion.  However, the court has reviewed Grier’s declaration that was previously attached to the prior motion to quash.  While this declaration sets forth a satisfactory excuse for not presenting a defense and facts supporting diligence, that declaration fails to provide facts supporting a meritorious defense. 

On December 6, 2023, this court continued the motion to January 31, 2023, to give Defendant the opportunity to cure the defective declaration.  Defendant failed to file any amended declaration.

Accordingly, the motion is DENIED.