New CA Civil Procedure Case
Dec 03, 2024
I help California lawyers get excellent results several ways:
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New CA Civil Procedure Case
Does CCP § 437.5's two-year time limit apply to
CCP § 473(d) motions to vacate a judgment that is void?
Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:
California Capital Insurance Company v. Hoehn (2024) _Cal. 5th_, 2024 WL 4812045:
The California Supreme Court overruled the rule in Rogers v. Silverman (1989) 216 Cal.App.3d 1114 (Rogers) and its progeny that Code of Civil Procedure section 437.5's two-year time limit applies to Code of Civil Procedure section 473(d) motions to vacate a judgment that is void, stating that procedural hurdles that are unnecessary to the fair adjudication of default judgments should not stand in the way of the vindication of a defendant's due process rights. In the underlying case plaintiff attempted to serve defendant in 2010 and allegedly obtained substituted service on defendant's girlfriend. In 2011 plaintiff obtained a default judgment of $486,528 against defendant. In 2018 plaintiff assigned the default judgment rights, and in 2020 after the judgment creditor tried to garnish defendant's wages. Defendant then filed his motion to set aside the default judgment which the trial court denied based upon Rogers, and the Court of Appeal affirmed. (November 18, 2024.)
Mediation, Arbitration and Referee Services
I help attorneys and their clients throughout California as a mediator, arbitrator and referee at ADR Services, Inc. I handle business, commercial, employment, insurance, probate, real property, and tort cases. I've represented both plaintiffs and defendants in the above areas, I've been a member of the American Board of Trial Advocates (ABOTA) since 1995, I've tried over 100 cases, and I'm a past president of the San Diego County Bar Association and the San Diego Chapter of ABOTA. To schedule a new matter, please contact one of my case manager at ADR services, Ins., Haward Cho, [email protected], (213) 683-1600, or Rachael Boughan,
[email protected], (619) 233-1323,
Every month I interview outstanding plaintiff and defense lawyers, who are members of the American Board of Trial Advocates, about what works and what doesn't work in civil jury trials. Listening is a great way for lawyers who have tried no cases, or many cases, to learn from trial experts. To listen on Spotify, click here. To listen on Apple Podcasts, click here. To watch and listen on YouTube, click here.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Trial Mentoring™
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
ABOTA Member Since 1995
Past President: San Diego County Bar Assn.
Past President: SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
Mediation, Arbitration and Reference ServicesÂ
To schedule a matter, contract Monty's case managers at ADR services, Haward Cho, [email protected], or Rachael Boughan, [email protected], (619) 233-1323.
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