S.B.
S.B. v. B.J. CA5
Opinion
Opinion
FACTS
This action arises from events related to a family custody dispute involving a Domestic Violence Restraining Order. Because the underlying record includes sensitive material, and our decision rests largely on legal analysis, we limit our recitation of the facts to those necessary for our decision. Furthermore, the limited record on appeal excludes documents and transcripts that, while unnecessary to reach our decision, nevertheless prevent us from producing a thorough narrative. Around February 2019, 2 S.B. filed a petition in Kern County. The Los Angeles County Sheriff served B.J. with notice of that petition on February 28. B.J. failed to appear for over four months. On July 10, B.J. retained new local counsel. However, the court declared B.J. in default on July 22. The court granted and entered a default judgment in favor of S.B. and against B.J. on July 26. Within six months of the entry of judgment, on September 11, B.J.’s attorney filed a Request for Order, requesting the court set aside default and default judgment. The attorney attached a sworn affidavit and other proper documents pursuant to section 473, subdivision (b). In response, S.B. filed a Responsive…