Motion to Set Aside Default Judgment
Judicial Council and shall inform the judgment debtor that the judgment debtor has 60 days within which to make a motion to vacate or modify the renewal.”
The original address of the premises subject to the unlawful detainer proceedings was 6401 Warner Ave. #525, Huntington Beach, CA 92647, based on the Writ of Possession (ROA 22), which was filed on 9/30/2015. The Writ that was issued in July of 2018 as to the Defendants at an address of 7701 Warner Ave. Apt. L174, Huntington Beach, CA 92647 (ROA 32). The Proof of Service by Mail (ROA 41) serves both Defendants at 6200 Edinger Ave., Apt. 832, Huntington Beach, CA 92647 on 1/7/2026 with the “Notice of Renewal of Judgment, Application for Renewal of Judgment”, although the Application for and Renewal of Judgment (ROA 35) was filed with the Court on 10/7/2025. ROA 42 shows two different addresses for service, including 7281 La Mancha Cir, Apt. C, Huntington Beach, CA 92647, signed 2/6/2026, less than a month from the Proof of Service by Mail (ROA 41).
Defendant Anna Grabowska provided documentation that she has resided at the same location, 7281 La Mancha Circle Apt. C, Huntington Beach, CA 92648, since June 2020. Plaintiff failed to timely serve on the Defendant the Application for Renewal of Judgment at the correct address for the Defendant. Additionally, there is no evidence lodged with the Court showing that the Plaintiff complied with the requirement to notify the judgment debtor that the judgment debtor has 60 days within which to move to vacate or modify the renewal.
The Court VACATES the Renewal of Judgment and QUASHES the Writ of Execution issued on 4/22/2026.
The Court Clerk is to notify the Orange County Sheriff’s Department that the Writ of Execution issued on 4/22/2026 is QUASHED.
The Court Clerk is to provide notice of the Court’s ruling. 15 30-2026-01555485 The Court has read and considered the Defendant’s Motion to Set Aside Phan vs. Lu Default Judgment (ROA 34) and Supplement Declaration and Supplemental Exhibits in Support of Motion (ROA 41).
The Court SETS ASIDE the default judgment entered on 5/18/2026. The Court finds the Defendant met its burden under California Code of Civil Procedure section 473(b).
The Court QUASHES the Writ of Possession and CANCELS the lockout.
The Court Clerk is to notify the Orange County Sheriff’s Department that the Writ of Possession is Quashed and the Lockout canceled.
The Defendant is ordered to file an Answer today (6/12/26) no later than 4 PM at the Clerk’s office.
The Court Clerk is to notify the parties of the Court’s ruling.
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