Brown

Brown v. Anderson CA4/2

Good Law
Court of Appeal of CaliforniaNovember 26, 2014E058508California4,087 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.