Motion to Set Aside (Vacate) Judgment
Superior Court of the State of California County of Orange TENTATIVE RULINGS FOR C61 HON. JENNIFER M. MCCARTNEY
Date: 5/29/2026 Courtroom Rules and Notices
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# Case Name Tentative 7 30-2023-01361611 The Court has read and considered the Defendant’s Motion to Set Aside UDR Eight80 I LP vs. (Vacate) Judgment (ROA 53), Supplemental Declaration (ROA 58), Hood Declaration of Angela Brown (ROA 57), and Plaintiff’s Opposition (ROA 67).
The Court takes Judicial Notice of the Stipulation for Entry of Judgment (ROA 39) and 2/6/2024 Minute Order.
First, the Defendant attaches to his moving papers a UD-115 form that is not signed by the Plaintiff or the Court, nor filed-stamped by the Court. The “Stipulation” attached by the Defendant is not a true and correct copy of the Stipulation that was entered into by the parties. ROA 39 Stipulation for Entry of Judgment file stamped by the Orange County Superior Court on 2/6/2024 is a true and correct copy of the stipulation entered into by the parties and signed by the judicial officer at the time of the hearing, Commissioner Carmen Snuggs-Spraggins. The true and correct Stipulation (ROA 39) shows that no final lockout prior to March 7, 2024, and a money judgment was granted in favor of the Plaintiff for a total sum of $15,119.80. The 2/6/2024 Minute Order shows that “The terms of the settlement are recited in open
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court. Each party indicates on the record that they understand and agree to the terms as stated.”
California courts strongly favor voluntary settlements and will not set them aside absent a showing of fraud, undue influence, or similar grounds. (Folsom v. Butte County Association of Governments (1982) 32 Cal.3d 668, 676–677.)
The Court DENIES the Motion to Set Aside or Vacate Judgment.
The Court orders the Plaintiff to give notice of the Court’s ruling.
9 30-2025-01499897 The Court has read and considered the Defendant’s Motion to Set Aside or Casa La Veta Cancel Judgment (ROA 44), Defendant’s Petition to Seal (ROA 42), Associates vs. Erwin Plaintiff’s Opposition to Motion to Set Aside Stipulated Judgment (ROA 59), and Plaintiff’s Opposition to Motion to Seal Record (ROA 61).
The Court takes Judicial Notice of the Answer to Complaint (ROA 16), Request for Entry of Default (ROA 28), Notice of Hearing OC (ROA 31), Stipulation for Entry of Judgment (ROA 33), 10/7/2026 Minute Order (ROA 32), and Declaration of Default/Non-Compliance (ROA 56).
As a threshold matter, the Defendant failed to serve her motions on the Plaintiff, which is grounds for the Court to deny the Defendant’s request alone. (California Rules of Court, Rule 3.1206; Newsom v. Superior Court of Sutter County (2020) 51 Cal.App.5th 1093, 1098-1100.)
In order to avoid delays and multiple filings on the same issue, the Court will address the merits of the Defendant’s request, although not required to under the law, due to her lack of notice to the Plaintiff.
California Code of Civil Procedure § 410.50 states, “A general appearance by a party is equivalent to personal service of summons on such party.” California Code of Civil Procedure § 1014 states, “A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant.” Here, the Defendant filed an Answer with the Court on 8/15/2025, submitting to the Court's jurisdiction.
On October 7, 2025, the case was set for a Court Trial. There is no record that the Defendant requested a continuance of the Court either by motion or in open court. Defendant, in open court, had the terms of the Stipulation of Entry of Judgment she signed read to her by the Court and stated she agreed to the terms. (ROA 32 & 33) California courts strongly favor voluntary settlements and will not set them aside absent a showing of fraud, undue influence, or similar grounds. (Folsom v. Butte County Association of Governments (1982) 32 Cal.3d 668, 676–677.) Defendant says in her moving papers that she relied on another party to handle lease obligations, but she was the only person present in Court and the person who voluntarily signed the agreement. The Defendant provides no evidence to support a claim of fraud, undue influence, or similar grounds to disturb the Stipulation. The