Cadles of Grassy Meadows II, LLC v. Blackburn CA4/
Plaintiff Cadles of Grassy Meadows II, LLC (Cadles), appeals from an order granting the motion by defendants Robert W. Blackburn and Dianne M. Blackburn (collectively, the Blackburns) to set aside a default and default judgment pursuant to Code of Civil Procedure section 473, subdivision (d). Though acknowledging a lack of case law support for its determination, the trial court concluded the default and default judgment were void because the request for entry of default, and the default itself, listed the filing date of a version of the complaint which was no longer operative at the time.
Cadles contends the trial court lacked the authority to grant the motion because the date discrepancy did not render the default or the default judgment legally void. We agree, and, therefore, reverse the order and remand with directions to enter a new order denying the motion.
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