Kocher v. Smith

OPINION OF THE COURT

Frank M. Mora, J.

Via letter dated January 9, 2014, petitioner requests that the court reconsider its order dated January 6, 2014 which vacated a default judgment and warrant of eviction entered on December 16, 2013. The judgment was vacated sua sponte after discovering that the instant summary proceeding was filed after the respondent had already filed for bankruptcy. The court vacated the judgment ruling that the action was void because the bankruptcy filing date automatically stays the action, including commencement. (Andrew Sherer and Fern Fisher, Residential…