(DOWNLOAD) "Rogers v. Silverman" by Second Appellate District, Division Four Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Rogers v. Silverman
- Author : Second Appellate District, Division Four Court of Appeal of California
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendant Gilbert Silverman appeals from the "order made and entered by the court [which] vacated that same courts previous order . . . and denied defendants motion to quash reinstating plaintiffs complaint, default and default judgment." The trial court reversed its earlier ruling vacating the default judgment because Mr. Silverman did not file his motion to vacate within one year from the date the clerk entered the default. We conclude that when a motion to vacate is made on the ground that the default judgment is void because of improper service, the limitation period contained in Code of Civil Procedure section 473.5 applies by analogy. Because Mr. Silvermans motion was timely under that limitation period, we reverse.