U.S. Affiliated v. Davis CA2/2

Filed 2/3/15 U.S. Affiliated v. Davis CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

U.S. AFFILIATED, INC., B255250

Plaintiff, (Los Angeles County Super. Ct. No. KC061317) v.

JAMES STEVEN DAVIS,

Defendant, Cross-complainant and Appellant;

ROBERT J. CULLEN et al.,

Defendants, Cross-defendants and Respondents.

APPEAL from a judgment and order of the Superior Court of Los Angeles County. R. Bruce Minto and Robert A. Dukes, Judges. Affirmed.

James Steven Davis, in pro. per., for Defendant, Cross-complainant and Appellant.

Robert J. Cullen and Teresa Cullen, in pro. per., for Defendants, Cross-defendants and Respondents.

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1 James Steven Davis (James) purports to appeal from a default judgment and a motion to set aside the default judgment after trial. His appellate briefs are confusing and largely unintelligible. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND To put this case in context, we offer the following summary of the facts, taken 2 from the trial court’s judgment after trial issued on August 12, 2013. There was some sort of lawsuit over a prior judgment and satisfaction of that judgment involving A-United, Inc. doing business as A-United Financial (A-United), U.S. Affiliated, Inc., James, Brenda Davis (Brenda), and Robert J. and Teresa Cullen (the 3 Cullens). Trial occurred on August 12, 2013; only A-United and the Cullens appeared. James and Brenda did not appear; the judgment notes that Brenda’s default had been previously entered. The trial court found A-United to be the valid assignee of an August 22, 2003, judgment entered in favor of Brenda, and an August 27, 2003, judgment entered in favor of James, both against the Cullens. A-United was therefore permitted to proceed with a judicial foreclosure of certain real property owned by the Cullens, subject to an applicable homestead exemption. On January 13, 2014, James filed a motion to set aside the “trial default judgment.” He argued that A-United had no legal standing; therefore, its judgment was