Myers

I.

INTRODUCTION

Appellant and defendant Christina Munoz (Munoz) appeals from a trial court order denying her motion to set aside a default judgment brought under Code of Civil Procedure sections 473, subdivision (d), and 473.5.1 The judgment was entered in favor of respondent and plaintiff Frank Myers (Myers) in the amount of $37,234.50. Munoz’s motion to set aside the judgment was based on her allegation that she was never served with Myers’s lawsuit. We conclude the trial court did not err or abuse its discretion in denying Munoz’s motion to set aside the judgment because the motion was not timely filed. Therefore, we affirm the ruling and resultant judgment.

1 All further statutory references are to the Code of Civil Procedure, unless otherwise indicated.

II.

PROCEDURAL HISTORY

A complaint was filed by Myers in Marin County Superior Court on October 22, 2010, using Judicial Council form PLD-C-001, alleging that Munoz had defaulted in making payments as required by a promissory note and security agreement entered into between the parties, who are former spouses. The complaint alleged that more than $30,000 was due and owing pursuant to that agreement. “Proof of Service…