Job v. Farrington

Opinion

ABBE, J.

Ron Farrington appeals from an order denying his motion to set aside his default and from the default judgment entered against him. We reverse and remand.

On October 24, 1983, Job filed a complaint against his former son-in-law, Jay Williams, and many others, including Farrington. The essence of the lengthy complaint is that Williams made fraudulent representations to Job to induce him into guaranteeing several lines of credit extended to Williams’s business of buying and selling cattle. It is alleged that Williams then manipulated those lines of credit as part of a conspiracy to obtain funds from them for the unauthorized business and personal use of himself and others, including Farrington.

Farrington was served with summons and complaint on October 29, 1983. Upon Job’s request, the clerk entered Farrington’s default on July 29,

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1985. The court hearing on the default was held on November 5 and Job obtained his judgment against Farrington.

On January 27, 1986, within six months from the date the default was entered, Farrington filed a motion pursuant to Code of Civil Procedure section 473 to set aside the default and the default judgment. The motion was supported by a declaration and points and authorities. No proposed answer or other pleading accompanied the motion. The motion was set for hearing on March 7. Prior to the hearing, Job and Farrington both filed points and authorities and declarations in support of and in opposition to the motion. Farrington also filed a proposed answer prior to the court hearing date but more than six months after the default was entered.

On March 7 the court denied the motion on the ground that it had no jurisdiction to consider the matter. We reverse and remand.

Section 473 provides, in pertinent part, that applications for relief under that section, “. . . must be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and must be made within a reasonable time, in no case exceeding six months, after such judgment, order or proceeding was taken . . . .”