Zirdung

BACKGROUND

On October 9, 2012, plaintiff Fred Zirdung filed a complaint against defendant Jake Tapia for damages allegedly arising out of an automobile versus scooter accident in which the two parties were involved. Tapia did not timely respond, and on December 6, 2012, Zirdung filed a request for entry of his default. The clerk entered Tapia’s default on December 10, 2012. No default judgment was entered. On February 28, 2013, Tapia filed a motion to set aside the default. On April 3, 2013, the court heard the motion, granting it and setting aside Tapia’s default. Tapia answered the complaint that same day. On June 3, 2013, Zirdung filed a notice of appeal, confirming that he is appealing from an “Order Setting Aside Default.” He cited no statutory authorization for the appeal, as the form requested. On his civil case information statement, he represented that he was appealing from “an order of judgment under Code. Civ. Proc., § 904.1(a)(3)-(13).” He further represented that the judgment appealed from disposed of all causes of action.

1 On August 7, 2013, Tapia filed a motion to dismiss, arguing that no appeal lies from an order granting a motion to set aside a default. Zirdung…