White v. Ponce CA4/2
On October 16, 2019, Gail White (plaintiff) filed a civil complaint against Diane Ponce (defendant) that alleged defendant breached an agreement to jointly invest in real property. A default was entered against defendant after she failed to file a responsive pleading. The trial court denied a motion to set aside the default on February 24, 2020, and a default judgment was entered against defendant on December 4.
On February 19, 2021, defendant filed a postjudgment motion seeking to set aside the default and the default judgment, purportedly pursuant to the provisions of Code of Civil Procedure section 473. However, the trial court observed that there were “no substantive factual differences” between the motion and defendant’s prior motion to set aside, construed the motion as a motion for reconsideration, and denied the motion under the principles governing motions for reconsideration.
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