NAT. CREDIT ACCEPTANCE v. OWEN, ET AL.

LAW AND MOTION CALENDAR AUGUST 21, 2026

5. NAT. CREDIT ACCEPTANCE v. OWEN, ET AL., SCL20070084

Motion to Vacate Judgment

On June 23, 2026, pursuant to Code of Civil Procedure section 473, subdivisions (b)

and (d),4 defendant Mike Owen (“defendant”) filed a motion to vacate default judgment

entered against him in this matter nearly 10 years ago on January 30, 2017. However,

the motion is untimely (at least insofar as it is brought under Code of Civil Procedure

section 473, subdivision (b)) and alleges no facts sufficient to justify relief under any

subdivision of Code of Civil Procedure section 473. (Code Civ. Proc., § 473, subd. (b)

[requiring motion to be filed within a “reasonable time” after the order is made but in

no case exceeding six months]; Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th

333, 340 [“The six-month limit is mandatory; a court has no authority to grant relief

under section 473, subdivision (b), unless an application is made within the six-month

period.”].) The court denies the motion.

On August 18, 2026, defendant filed a letter, a copy of which was mailed to plaintiff

that same day, according to the proof of service, also filed August 18, 2026. The

August 18 letter is untimely and unauthorized. (Code Civ. Proc., § 1005.) Therefore, the

court does not consider it.

TENTATIVE RULING # 5: DEFENDANT’S MOTION TO VACATE DEFAULT JUDGMENT

ENTERED IN THIS CASE ON JANUARY 30, 2017, IS DENIED. NO HEARING ON THIS

MATTER WILL BE HELD (LEWIS v. SUPERIOR COURT (1999) 19 CAL.4TH 1232, 1247),

UNLESS A NOTICE OF INTENT TO APPEAR AND REQUEST ORAL ARGUMENT IS

TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE

TO THE COURT AT (530) 573-3042 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS

4 Code of Civil Procedure section 473, subdivision (b) authorizes the court to vacate a

judgment taken against a party through the party’s mistake, inadvertence, surprise, or excusable neglect; subdivision (d) authorizes the court to set aside any void judgment or order. (Code Civ. Proc., § 473, subds. (b), (d).)

LAW AND MOTION CALENDAR AUGUST 21, 2026

ISSUED. NOTICE TO ALL PARTIES OF AN INTENT TO APPEAR MUST BE MADE BY

TELEPHONE OR IN PERSON. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR

TO OR AT THE HEARING.