Deutsche Bank National Trust Co. v. Castillo CA4/1
Defendant Gina Castillo appeals from an order granting a motion to vacate a judgment entered in her favor and against plaintiff Deutsche Bank National Trust Company ("Deutsche Bank" or "the Bank"). The trial court entered the judgment after Deutsche Bank did not appear on the scheduled trial date because of its mistaken belief that the court had entered the voluntary dismissal of its action against Castillo when, in fact, the court clerk had rejected the request due to an error on the submitted form.
After discovering the judgment over a year and a half after it was entered, Deutsche Bank moved to vacate the judgment. The trial court found that the judgment was erroneously entered after Deutsche Bank's counsel's mistake deprived it of a fair hearing and that Deutsche Bank acted diligently to have the judgment set aside once it discovered the mistake. Accordingly, the court granted the motion to vacate the judgment.
Comments on Deutsche Bank National Trust Co. v. Castillo CA4/1