Tillman v. Mills CA2/2

Filed 2/7/23 Tillman v. Mills CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ED TILLMAN, B317990

Cross-complainant and (Los Angeles County Appellant, Super. Ct. No. 19NWCV00782)

v.

CHRISTOPHER LEMONT MILLS et al.,

Cross-defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. Olivia Rosales, Judge. Reversed and remanded with directions.

Law Offices of Alan G. Novodor and Alan G. Novodor for Cross-complainant and Appellant.

No appearance for Cross-defendants and Respondents. ____________________

Cross-complainant and appellant Ed Tillman (Tillman) appeals from a trial court order setting aside the defaults of cross-defendants and respondents Christopher Lemont Mills and Constantina S. Mills (collectively cross-defendants or the Millses) and the resulting default judgment entered in favor of Tillman. Tillman argues that the trial court erred in granting cross- defendants’ motion pursuant to Code of Civil Procedure section 473, subdivision (b).1 We agree with Tillman that cross-defendants’ motions to set aside their defaults were untimely. Accordingly, we reverse the trial court’s order and direct the trial court to reinstate the defaults and default judgment. FACTUAL AND PROCEDURAL BACKGROUND Factual Background Tillman leased a 2011 Bentley Mulsanne automobile from Porsche Leasing Ltd. and Porsche Financial Services, Inc. doing business as Bentley Financial Services (collectively Porsche Leasing). Tillman was a longtime personal friend of the Millses. When they asked if they could sublease the Bentley from him, he agreed. In August 2014, Tillman and cross-defendants entered into an oral agreement, pursuant to which the Millses agreed to timely make the lease payments to Porsche Leasing and promptly return the vehicle to Tillman before the end of the lease or upon demand.