Townsend v. Kang CA2/3

Filed 1/21/26 Townsend v. Kang CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

KALI JAMAL TOWNSEND, B345164

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 21STCV23323) v.

BYUNG WOO KANG,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Steven Ellis, Judge. Affirmed. Kali Jamal Townsend, in pro. per., for Plaintiff and Appellant. Law Office of Baruch C. Cohen and Baruch C. Cohen for Defendant and Respondent.

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Plaintiff Kali Jamal Townsend appeals from the order denying his motion to vacate or set aside the judgment entered after the court granted defendant Byung Woo Kang’s unopposed motion for summary judgment. Plaintiff argues that the trial court ignored evidence of excusable neglect, failed to consider the substance of his motion, and relied on procedural defects and delays in denying his motion to set aside. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In June 2021, plaintiff sued defendant for battery. Although initially represented in the lawsuit, plaintiff became self-represented less than two years into the litigation. In March 2024, defendant moved for summary judgment; plaintiff did not file an opposition. At the August 2024 summary judgment hearing, plaintiff appeared and moved for a continuance so that he could obtain counsel. The trial court denied the continuance and granted defendant’s motion for summary judgment. The court entered a judgment dismissing plaintiff’s lawsuit in September 2024. Plaintiff obtained counsel in October 2024, and a month later, moved to set aside or vacate the judgment pursuant to Code of Civil Procedure section 473, subdivision (b).1 The record provided by plaintiff on appeal does not contain a copy of this motion. We have gleaned this timeline from the case register, two declarations filed in support of the motion, and the court’s ruling, all of which are in the record.