Hustle Zombies Entertainment v. Collins CA2/6

California Court of Appeal Jun 17, 2015 No. B259430MUnpublished

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Holding. The court reversed an order vacating a default judgment because the defendant failed to provide any evidentiary support, such as a declaration, to establish the required grounds of mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473, subdivision (b).

Issues

Whether a trial court may grant relief from a default judgment under Code of Civil Procedure section 473, subdivision (b) without an evidentiary showing of mistake, inadvertence, surprise, or excusable neglect.
Whether statements in a memorandum of points and authorities constitute sufficient evidence to support a motion to vacate a default judgment.

Disposition. reversed

Quotations verified verbatim against the opinion

“We reverse because Collins failed to make any evidentiary showing of inadvertence, surprise, excusable neglect or mistake, which is a predicate for granting section 473 relief.”

“Collins' motion, which was filed in propria persona, lacks a supporting declaration which is fatal to the motion and precludes section 473 relief.”

Filed 6/17/15 Hustle Zombies Entertainment v. Collins CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

HUSTLE ZOMBIES ENTERTAINMENT 2d Civil No. B259430 LLC, (Super. Ct. No. 56-2014-00448397-CU- CO-VTA) Plaintiff and Appellant, (Ventura County) MODIFICATION OF OPINION v. JOSEPH COLLINS, Defendant and Respondent.

THE COURT; The opinion filed herein on June 15, 2015 is modified as follows: The Superior Court number should read 56-2014-00448397-CU-CO-VTA.

Filed 6/15/15 (unmodified version) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

HUSTLE ZOMBIES ENTERTAINMENT 2d Civil No. B259430 LLC, (Super. Ct. No. 56-2012-00448397-CU- CO-VTA) Plaintiff and Appellant, (Ventura County) v. JOSEPH COLLINS, Defendant and Respondent.

Appellant, Hustle Zombies Entertainment LLC, appeals from an order granting defendant's, Joseph Collins, motion to vacate a default and $2+ million 1 default judgment. (Code Civ. Proc., § 473, subd. (b).) We reverse because Collins failed to make any evidentiary showing of inadvertence, surprise, excusable neglect or mistake, which is a predicate for granting section 473 relief. (Kendall v. Barker (1988) 197 Cal.App.3d 619, 624.) Facts and Procedural History On February 5, 2014, appellant sued Punch Television Network, Inc. (Punch) and its chief executive officer, Joseph Collins, for contract and tort damages based on appellant's contract to produce Ratchet Queens, a television reality show. The contract provided that Punch would pay appellant $2.1 million for the exclusive

Hustle Zombies Entertainment v. Collins CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

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