Vargas v. Medina
In a lawsuit filed after an automobile-pedestrian accident, plaintiffs and appellants Elizabeth Vargas and her daughter, Samantha Vargas, (Vargas) obtained a default judgment against defendant and respondent Ernest Hugo Medina. The trial court granted Medinas motion to set aside the default under the courts equitable powers. Vargas appeals, contending that the trial court abused its discretion in finding that Medina had a satisfactory excuse for not defending the original action, in finding that Medina was diligent in moving to set aside the judgment, and in overruling Vargass evidentiary objections to declarations submitted by Medina in support of the motion to set aside judgment. Finding no abuse of discretion by the trial court, Court affirm.
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