Marriage of Santillan CA4/1

INTRODUCTION

Husband appeals from a court order denying his request to set aside a default and

default judgment under Code of Civil Procedure section 473, subdivision (b).1 He

contends we must reverse the order because the default and default judgment were the

result of surprise and excusable neglect. We conclude husband has forfeited these

contentions by failing to seek relief on these grounds below. Even if he had not forfeited

these contentions, we affirm the order as he failed to establish the requisite surprise and

excusable neglect.

BACKGROUND

On December 27, 2012, wife filed a petition for dissolution of her marriage to

husband. The two had been married almost 31 years. On the same day, wife also

obtained a temporary domestic violence restraining order against husband. The order

included provisions giving her control of their home and requiring him to move out of it

immediately. At a hearing on January 11, 2013, in which husband represented himself,

the court granted wife a protective order effective for five years. Like the temporary

restraining order, the protective order gave her control of their home and required him to

move out of it immediately. At the…