Cruz v. Fagor America, Inc.

Opinion

AARON, J.

I

INTRODUCTION

Plaintiff Alan C. Cruz appeals from a postjudgment order of the trial court granting defendant Fagor America, Inc.’s (Fagor) motion to set aside default and default judgment. Approximately nine months after the court entered a default against Fagor for failing to defend against the action, Fagor made its first appearance, moving ex parte for an order shortening time to allow it to move to set aside the entry of default and the subsequent default judgment. The trial court granted Fagor’s ex parte motion. After a hearing on the motion to set aside the entry of the…