Shor

Shor v. Little New York Restaurant CA2/5

Good Law
Court of Appeal of CaliforniaOctober 17, 2013B239112California1,792 words

Opinion

Opinion

I. INTRODUCTION

Plaintiff, Leonid Shor, appeals from an order setting aside the default judgment against Little New York Restaurant, Incorporated. Defendant, Burlington Insurance Company, intervened after the default judgment was entered against the restaurant. Defendant then successfully moved to set aside the default judgment. Plaintiff contends the trial court abused its discretion by permitting intervention after entry of the default judgment. Plaintiff also argues the trial court erred by setting aside the default judgment against the restaurant. We affirm the order.

II. BACKGROUND

A. Pre-intervention Events

On September 5, 2007, plaintiff filed his complaint. Plaintiff’s underlying suit against the restaurant previously came before this court. (Shor v. Little New York Restaurant, Inc. (Jun. 10, 2010, B215282) [nonpub. opn.].) Plaintiff alleged he received bodily injuries while on the premises of the restaurant on May 21, 2006. On February 15, 2011, the restaurant’s default was entered. On March 9, 2011, plaintiff obtained a default judgment against the restaurant in the amount of $260,008. On March 14, 2011, plaintiff filed a declaration indicating the judgment was…

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