Judge: Mark E. Windham, Case: LAM06K04707, Date: 2024-01-31 Tentative Ruling

Case Number: LAM06K04707    Hearing Date: January 31, 2024    Dept: 26

Unifund CCR Partners v. Dixon, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP §§ 128, 415.10, 1005, 1946.1; CRC RULE 379)

TENTATIVE RULING:

Defendant April Dixon aka April Amos Dickson aka April Denise Dixson’s Motion to Vacate Default and Default Judgment is DENIED.

ANALYSIS:

Plaintiff Unifund CCR Partners (“Plaintiff”) filed the instant collections action against Defendant April Dixon aka April Amos Dickson aka April Denise Dixson (“Defendant”) on March 24, 2006. Following Defendant’s failure to file a responsive pleading, the Court entered default judgment on June 5, 2006. The judgment was renewed on June 9, 2014.

Defendant filed an ex parte application to vacate judgment, which the Court denied on October 23, 2023. Defendant filed a Motion to Vacate Default and/or Default Judgment on October 24, 2023. The next day, Defendant the instant Amended Motion to Vacate Default and/or Default Judgment. Plaintiff filed an opposition on January 2, 2024.

The Motion is brought pursuant to Code of Civil Procedure sections 128, 415.10, 1005, 1946.1. However, Defendant does not explain how any of these statutes provide a basis to vacate the default and/or default judgment. Nor does the Amended Motion address vacating a renewed judgment. Code of Civil Procedure section 128 broadly sets forth the powers of the Court and only refers to the power of an appellate court to vacate a duly entered judgment upon stipulation. (Code Civ. Proc., § 128, subd. (a)(8).) Code of Civil Procedure section 415.10 speaks only to personal service of the Summons and Complaint. Code of Civil Procedure section 1005 pertains to notice of motions, and section 1946.1 concerns renewal and termination with respect to hiring of residential real property for an unspecified term.

None of these statutes, therefore, provide a basis for the Court to vacate the entry of default and default judgment, or a renewed judgment, in this action.

Conclusion

Defendant April Dixon aka April Amos Dickson aka April Denise Dixson’s Motion to Vacate Default and Default Judgment is DENIED.

Court clerk to give notice.