Judge: Nathan R. Scott, Case: Cung v. Cung, Date: 2022-09-02 Tentative Ruling

Defendant Khiem Tuan Cung’s motion to vacate is denied.

Defendant did not serve the motion and file proof of service.  (See 8/16/22 order; see also Pl.8/24/22 objection.)

More importantly, time for defendant to seek relief has long passed.

Defendant has only 90 days to seek relief from a judgment “determining the ownership or right to possession of real . . . property.”  (Code Civ. Proc., § 473, subd. (b).)

Even in other cases, a defaulted defendant would only have six months to seek relief.  (Code Civ. Proc., § 473, subd. (b).)

Here, the interlocutory judgment of partition/sale was entered 9/28/20 and served on defendant on 10/7/20.  (See Shafron decl. Ex. 4.)

But defendant did not seek relief until 8/12/22.

Meanwhile, defendant has fully known about the partition and sale and has been deeply involved in this dispute.  (See generally 8/24/22 Cung, Shafron, and Pagliasotti declarations.)

The clerk shall give notice.