Loving-Spears v. Castro CA4/1
More than six months after defendant Fredy Jaciel Moreno Castro's default was taken in this personal injury action, he moved for relief from the default under Code of Civil Procedure section 473, subdivision (b). The trial court denied his motion, finding it had no power to relieve the default on the grounds of excusable neglect and that equitable relief from the default was not available because Castro had not shown any extrinsic fraud. Thereafter, the trial court denied Castro's motion for reconsideration, conducted a prove-up hearing and entered judgment in Loving-Spears's favor in the amount of $564,000.
On appeal, Castro argues: the trial court had the power under section 473, subdivision (a)(1) to relieve him from the default on the grounds of his excusable neglect; that he should have been provided with equitable relief from the default; and that Loving-Spears's counsel had an ethical obligation to advise employees of Castro's insurer before taking Cast
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