Platte River Ins. Co. v. Trang CA4/3

Filed 5/18/16 Platte River Ins. Co. v. Trang CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

PLATTE RIVER INSURANCE COMPANY, G051063 Plaintiff and Respondent, (Super. Ct. No. 07CC11563) v. OPINION ANH THI TRANG,

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Franz E. Miller, Judge. Affirmed. Anh Thi Trang, in pro. per., for Defendant and Appellant. Howard Goodman for Plaintiff and Respondent.

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Defendant Anh Thi Trang appeals from the court’s postjudgment order denying her motion to set aside a default judgment entered in favor of plaintiff Platte River Insurance Company (Platte River). For the reasons discussed below, we affirm the postjudgment order.

FACTS

Defendant’s notice of appeal, filed on November 21, 2014, purports to appeal from a court order entered on October 15, 2014. But the docket does not reflect that any order was entered on that date. Rather, October 15, 2014 is the date defendant mailed her notice of appeal to opposing counsel. The appellate record is sparse and contains no copy of defendant’s motion to set aside the default judgment, or of Platte River’s opposition to her motion. But the record does contain a July 23, 2014 minute order, in which the court recited that on July 21, 2014, it took under submission defendant’s motion to set aside the default and default judgment against her. The court denied defendant’s motion in that same minute order. The grounds for the denial were that the default judgment was entered in 2009 and (1) defendant failed to bring her motion within six months (Code Civ. Proc., § 473) or two years (Code Civ. Proc., § 473.5); (2) she did not contend the judgment was void on its face, or obtained by extrinsic fraud or mistake; and (3) the court found defendant had actual notice of the lawsuit at least by February 2010, when her husband moved to set aside his default. The docket confirms that the July 23, 2014 order is the order defendant appeals from. The docket reflects that defendant filed a “Motion to Set Aside” on June 3, 2014, setting a hearing date of July 21, 2014. On July 3, 2014, Platte River filed an opposition. On July 21, 2014, the court took the matter under submission. On July 23,