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Motion to Vacate Judgment

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Z.V. v. Cheryl W. (2023) 2023 WL 8110725

Under Rule 8.108, a "valid" motion to vacate judgment extends the time for appeal until denial of the motion or 90-days after the first valid notice of such a motion is filed.  Under CCP 659(a)(1) and 663a(a), a motion to vacate may be filed after the decision is rendered and before entry of judgment.  In a court trial in which… Read More

First Am. Title Ins. Co. v. Banerjee, No. H048731, 2022 Cal. App. LEXIS 1065 (Ct. App. Dec. 29, 2022)

This decision affirms orders denying motions to vacate default and vacate the default judgment.  The default was based on substitute service of the complaint on a co-resident of a gated community.  There was sufficient evidence in the process server's proofs of service to support the trial court's conclusions that diligent efforts were made to serve the defendants personally before resort… Read More