Masaoka v. Herrera
Samuel Herrera and his son, Arturo Herrera, appeal from the order denying their motion under Code of Civil Procedure section 473 to vacate the judgment against them and in favor of Arther Masaoka. They contend the trial court erroneously based its denial on its conclusion that they lacked a meritorious defense. Alternatively, they contend the default judgment is void for two independent reasons: (1) they had filed an answer and (2) Masaoka failed to serve a statement of damages. Court find the trial court made an erroneous legal assumption, resulting in an abuse of discretion. Accordingly, court reverse and remand.
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