Levin v. May CA1/2
Plaintiffs Joshua and Deysia Levin rented a home owned by the Clara Jackson Living Trust (Trust) from 2013 until 2019. After vacating the premises, plaintiffs sued Clara Jackson, individually and as trustee of the Trust, and Jackson’s daughter, defendant Diane May, who assisted Jackson in managing the property.
Plaintiffs obtained a default judgment against Jackson, in her capacity as trustee, after Jackson’s death. Plaintiffs were granted summary judgment against May after she failed to respond to their discovery requests or file a written opposition to their summary judgment motion. On October 2, 2020, May filed a notice of appeal from both the default judgment and the order granting summary judgment. That same day, May also filed a motion seeking relief from the default judgment and summary judgment order on the grounds of mistake or excusable neglect. (Code Civ. Proc., § 473, subd. (b).)
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