Kesherim

DISCUSSION

Kesherim contends the trial court erred in denying a default judgment in his favor against the Mozaffarians on the basis of the applicable statute of limitations. He contends (1) that the court lacked the authority to deny his request on the basis of the statute of limitations, and (2) that his action was timely, at least with respect

All further statutory citations are to the Code of Civil Procedure. The written order of dismissal is an appealable judgment, as it was executed by the trial court and filed in the action. (Jocer Enterprises, Inc. v. Price (2010) 183 Cal.App.4th 559, 565, fn. 4.)

3 to Kim. As explained below, because we agree with his first challenge to the ruling, the order of dismissal must be reversed.

A. Governing Principles We begin by discussing the principles applicable to a request for a default judgment in an independent action on a pre-existing judgment.

1. Requests for Default Judgments Upon the plaintiff’s application, the trial court is authorized to enter a judgment in an action when the defendant has failed to answer the complaint and the clerk has entered the defendant’s default. (§ 585, subd. (b).) “Generally, a defendant…