SVC Corporation v. Ali CA1/5
Opinion
Opinion
DISCUSSION
The issue before this court is whether the trial court correctly granted defendant’s motion to set aside the default judgment and writ of possession under section 473.5. Defendant claims he lacked actual notice of the lawsuit despite purported personal service by plaintiff’s process server on February 19, 2024.
3 In support of this motion, defendant submitted declarations including
his own and that of Claude Duncan, a corroborating witness. The defendant’s brief refers to these declarations as being included in the appellant’s appendix. However, pursuant to California Rules of Court, rule 8.124, the plaintiff elected to proceed with a clerk’s transcript. As such, the original appendix does not appear in the record on appeal.
3
I. Legal Principles
Section 473.5 permits a trial court to set aside a default judgment when a party, though technically served, lacked meaningful notice and a fair opportunity to respond. (Anastos v. Lee (2004) 118 Cal.App.4th 1314, 1318– 1319.) Along with supporting affidavits, to obtain relief, the moving party must satisfy the following requirements: (1) the noticed motion was timely served and filed (§§ 473.5, subds. (a) & (b), 1005,…