Plaintiff obtained a default judgment awarding it the $100,000 he had lent defendant, plus a $100,000 “earn-out” fee, plus 10% interest on both of those sums. Defendant moved to set the judgment aside under CCP 473(d) and appealed from denial of his motion. Held, the judgment was in excess of jurisdiction in the sense that it was beyond the trial court’s power to award as it violated California’s usury laws. Defendant timely challenged it by filing his motion to set it aside within six months of entry of the judgment. Since he attacked only the amount of the judgment, it was not fruitless to seek relief from only the default judgment and not the underlying default. The judgment was void insofar as it awarded the earn-out fee and interest on that fee, both of which were a “bonus or comission” in excess of the constitutionally permissible maximum interest rate of 10%. While the charging of usurious interest precluded plaintiff from collecting interest under his contract, he was entitled to the principal amount on the date of default and 10% statutory interest on that sum thereafter through the date of judgment. (Civ. Code, 3289.) The judgment was modified to award only $100,000 plus interest on that sum at 10% from the date of default.