Brown
Brown v. Anderson CA4/2
Opinion
Opinion
I. INTRODUCTION
Defendant and appellant, John Anderson (Anderson), appeals from the trial court’s
order denying his motion to set aside default and default judgment entered in favor of
plaintiff and respondent, Marlene Brown (Brown). Anderson contends: (1) the default
judgment was entered as a result of mistake, inadvertence, surprise, or excusable neglect
and the trial court abused its discretion by denying his motion to set aside the default
judgment under Code of Civil Procedure section 473, subdivision (b);1 (2) the service of
the summons did not result in actual notice to Anderson and the trial court abused its
discretion by denying his motion to set aside the default judgment under section 473.5;
(3) the default judgment was void for Brown’s failure to serve a statement of damages as
required by sections 425.11 and 425.115; (4) the amended default judgment improperly
authorizes self-help, granting Brown the power to act outside the law; and (5) the
amended default judgment is fatally vague. We reject these arguments and affirm the
court’s order.
II. STATEMENT OF FACTS
Brown and Anderson are tenants in common of certain commercial real property
located in…