Florence

Florence v. Castell CA4/2

Good Law
Court of Appeal of CaliforniaMarch 27, 2024E081651California1,363 words

Opinion

Opinion

I.

INTRODUCTION

Plaintiff and appellant, Mari Florence obtained a default judgment against,

defendants and respondents, Douglas and Joan Castell. The Castells successfully moved

to vacate the judgment as void. Florence sought reconsideration of the trial court’s order

1 vacating the judgment, which the trial court denied. Florence purports to appeal from

that order. But because Florence’s appeal was untimely, we dismiss the appeal for lack

of jurisdiction.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Florence filed this case against the Castells in July 2019 over a dispute about a

property in Yucca Valley. (The specifics of the dispute are not relevant to the issues on

appeal.) On September 3, 2019, Florence requested entry of default against the Castells

because they did not answer her complaint.

Just over a week later, however, the Castells filed for bankruptcy. In that action,

the Castells sought a discharge of, among other things, any debt arising from Florence’s

“[d]isputed” “[p]otential [c]laim.” The Castells noted in their bankruptcy petition that

they were parties to Florence’s lawsuit, which was pending at the time, and thus

identified her as a creditor with an…

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