Preovolos Lewin, ALC v. Ponce CA4/1

DISCUSSION

Ponce’s only argument on appeal is that section 473.5 allows a court to set aside a default judgment when a defendant did not receive actual notice of a lawsuit. She contends she did not receive actual notice of Preovolos Lewin’s lawsuit until after the default judgment was entered and collections started. Without any support in the record, she claims she moved from the Old Dairy Court address in December 2020, she had no contact or connection to anyone at that address, and Preovolos Lewis knew where her business was located

but made no attempt to serve her at that location.3 Section 473.5 provides in pertinent part: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the

2 There is no reporter’s transcript for this hearing.

3 Ponce either provides no record citations, or the pages in the record she cites to do not support these factual assertions. 3 action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within…