White

I. INTRODUCTION

On October 16, 2019, Gail White (plaintiff) filed a civil complaint against Diane

Ponce (defendant) that alleged defendant breached an agreement to jointly invest in real

property. A default was entered against defendant after she failed to file a responsive

pleading. The trial court denied a motion to set aside the default on February 24, 2020,

and a default judgment was entered against defendant on December 4.

On February 19, 2021, defendant filed a postjudgment motion seeking to set aside

the default and the default judgment, purportedly pursuant to the provisions of Code of

Civil Procedure1 section 473. However, the trial court observed that there were “no

substantive factual differences” between the motion and defendant’s prior motion to set

aside, construed the motion as a motion for reconsideration, and denied the motion under

the principles governing motions for reconsideration. The trial court’s order denying the

postjudgment motion was entered on April 20, but served on April 28. On May 18,

defendant filed a notice of appeal, purporting to appeal from the “default judgment”

entered on April 28.

On appeal, defendant ignores the trial court’s…