ASBE VS. ROBBINS

CASE NUMBER: 26APSC-0005 Tentative Ruling on Motion to Set Aside Judgment: Defendant John Robbins moves to set aside the judgment entered against him following Defendant’s nonappearance at a trial de novo on March 30, 2026. Despite being properly noticed of today’s hearing, Plaintiff Kelly Asbe did not file an Opposition.

Defendant moves under CCP § 437(b) to have the judgment set aside because the Notice of Appeal contained an incorrect address for Defendant, which resulted in the Notice of Hearing being mailed to the wrong address. The Notice of Hearing was returned to the court as undeliverable and Defendant and his counsel have declared that they had no notice of the hearing date until after judgment was entered. CCP § 473(b) reads, in part, “The court may, upon any terms as may be just, relieve a party or the party’s legal representative from a judgment, dismissal, order, or other proceeding taken against the party through the party’s mistake, inadvertence, surprise, or excusable neglect.”

The typographical error in the Notice of Appeal, filed by Defendant, was a mistake that resulted in a judgment being taken against Defendant. Defendant had no notice of the hearing date for the trial de novo on March 30, 2026. Once Defendant learned that a judgment had been entered against him, he acted diligently in seeking to have the judgment set aside.

The motion is GRANTED. The judgment entered on March 30, 2026, is set aside pursuant to CCP § 473(b). The parties are ordered to appear to set a new hearing date for the trial de novo. If both parties do not appear, the Court will select a hearing date. Defendant did not provide a proposed Order as required by Local Rule of Court 5.17(D). Defendant is to prepare the Order.

BANK OF AMERICA, N.A. VS. METZGER