VANDERMOON v. SANWONG

Filed 8/28/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin)

RONALD VANDERMOON et al.,

Plaintiffs and Respondents,

CLARA JOYCE SANWONG et al.,

Defendants and Appellants.

C050789

(Super. Ct. No. CV011455)

APPEAL from a judgment of the Superior Court of San Joaquin County, Elizabeth Humphreys, Judge. Affirmed.

Paul R. Bartleson for Defendants and Appellants.

No appearance for Plaintiffs and Respondents.

Relying on Code of Civil Procedure section 473,^[1] defendants Suwich Sanwong and Clara Joyce Sanwong (hereafter collectively defendants) moved to set aside a judgment entered against them following a trial conducted in their absence on the ground that their attorney failed to inform them of the trial date.

The trial court concluded that defendants were not entitled to either discretionary or mandatory relief under section 473, subdivision (b) (hereafter section 473(b)) because the motion was not made within a reasonable time, and the judgment was neither a â€

Description	Provision of Code of Civil Procedure Section 473(b) requiring court to set aside "default" or "default judgment" where it is result of attorney mistake, inadvertence, surprise or neglect applies only where defendant has failed to answer a complaint, or where court has entered judgment against defendant after entering defendant's default following his failure to answer. Where court entered amended judgment against defendants following uncontested trial from which defendants were absent due to counsel's failure to inform them of trial date, Sec. 473(b) did not apply.
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